THE     PUBLIC 


STATUTE  LAWS 

OP    THE 

STATE  OF  CONNECTICUT, 

AS  REVISED  AND  ENACTED  BY  THE 

GENERAL  ASSEMBLY, 

IN    MAY,     1821, 

WITH  THE  ACTS  OP  THE  THREE  SUBSEQUENT  SESSIONS  IKCOKFORATJD  J 

TO   WHICH    ARE    PREFIXED 

THE    DECLARATION     OF    INDEPENDENCE,     THE     CONSTITUTION    OF     THE 
UNITED    STATES,  AND    THE    CONSTITUTION  OP  CONNECTICUT. 


PREFARED  AND  PUBLISHED  UNDER  THE 

AUTHORITY  OF  THE  GENERAL  ASSEMBLY, 


HARTFORD  : 

PUBLISHED    BY    H.    HUNTINGTON,    JR. 


BEJ-'JAMIJJ  H.   NORTON., 

1824. 


DISTRICT  OP  CONNECTICUT,  S.  S. 

TJE  IT  REMEMBERED  :  That  on  tbe  twenty-fourth  day  of  September,  in 
1,.  55.    J)  the  forty.n-intn  year  Of  tne  independence  of  the  United  States  of  Ameri- 
ca, H.  HUNTINGTON,  JR.  of  the  said  district,    hns  deposited    in    this  office  the   title  of  ! 
Book,  the  right  whereof  he  claims  as  proprietor,  in  the  words  fol  OWHIJ 
public  Statute  Laws  of  the  State  of  Connecticut,  as  revised  and   enactei 
eral  Assembly,  in  May  1821,  with  the  acts  of  the  three  subsequent  sessions  incorporat- 
ed; to  wbich  are  prefixed  the  Declaration  of  Independence,  the   Constitution  of  the 
United  States,  and  the  Constitution   of  Connecticut.     Prepared  and  published   under 
the  authority  of  the  General  Assembly." 

In  conformiU  to  the  act  of  the  Congress  of  the  UNITED  STATES,  entitled,  «  An 
"  act  for  the  encouragement  of  learning,  by  securing  the  copies  of  Maps,  Charts  and 
"  Books,  to  the  authors  and  proprietors  of  such  copies,  during  the  times  therein  men- 
"  tioned." 

CHARLES  A.  INGERSOLL, 

Clerk  of  the  District  of  Connecticut 
A  true  copy  of  Record,  examined  and  sealed  by  me, 

CHARLES  A.  INGERSOLL, 

Clerk  of  the  ftiitrici  of  Connecticut. 


" 


J1D  VER  TISEMEJV  T. 


AT  the  Session  of  the  General  Assembly  in  May,  1824,  the 
following  Resolution  was  passed  : 

"  Resolved  by  this  Assembly,  That  SKTH  P.  BEERS,  THOMAS  DAY,  and 
LEMUEL  WHITMAN,  Esquires,  be  a  Committee  to  superintend  the  printing  of 
a  new  edition  of  the  Revised  Statutes,  about  to  be  published  by  H.  Hunting- 
/on,  Jr.  book-seller ;  with  power  to  correct  any  typographical  errors  that 
have  been  or  may  be,  discovered,  in  the  edition  of  1821  ;  to  incorporate 
them  with,  or  annex  thereto,  according  to  their  discretion,  the  Public  Acts 
since  passed,  omitting  both  in  the  revised  and  additional  Statutes,  particular 
acts  of  incorporation,  but  inserting  general  provisions  relating  to  corpora- 
tions ;  and  to  make  such  additions  in  the  Index,  as  they  may  deem  neces- 
sary and  proper ;  provided  the  same  be  done  free  from  any  expense  to  the 
State." 

In  pursuance  of  the  powers  above  specified,  the  undersign- 
ed have  prepared  the  present  edition  of  the  Statutes.  All  the 
provisions  of  a  public  and  permanent  nature,  passed  since  the 
late  revision,  have  been  inserted  in  the  body  of  the  Code  : 
such  as  altered  the  provisions  of  the  revised  acts  being  incor- 
porated with  such  acts,  in  the  place  of  the  provisions  altered, 
or  superseded ;  such  as  extended  former  provisions  being 
annexed  thereto,  generally  in  the  same  section,  but  sometimes 
constituting  new  sections ;  and  such  as  formed  new  subjects  of 
legislation,  of  which  the  number  is  small,  being  introduced 
under  new  Titles,  arranged  alphabetically,  with  the  others. 
A  new  Index,  intended  to  be  more  particular  and  complete 
than  the  former  one,  has  been  compiled,  by  the  publisher,  un- 
der our  direction. 

SETH  P.  BEERS, 
THOMAS  DAY, 
LEMUEL  WHITMAN. 
HARTFORD,  November  1,  1824. 


PREFACE 

TO  THE  EDITION  REVISED  AND  PUBLISHED  7JV  182J, 


THE  first  settlers  of  Connecticut  were  distinguished  by  a  sincere  and 
ardent  attachment  to  the  principles  of  civil  and  religious  liberty,  as  well  as  a 
just  sense  of  the  necessity  of  law  and  government  for  its  security  and  protec- 
tion. Animated  with  the  prospect  of  obtaining  this  object,  they  abandoned 
the  land  of  their  fathers,  and  carne  to  the  wilds  of  America.  They  com- 
menced a  settlement  at  the  towns  of  Hartford,  Windsor,  and  Wethefsfield,  in. 
1635,  under  a  temporary  commission  from  the  colony  of  Massachusetts, 
where  they  first  landed,  and  from  whence  they  removed  hither  :  but  on 
discovering  they  were  without  that  jurisdiction,  they,  in  1639,  established  a 
government  for  themselves. 

It  is  interesting  to  contemplate  the  little  band  of  heroic  adventurers,  in  a 
wilderness,  surrounded  by  savage  nations,  and  struggling  for  their  existence, 
calmly  and  deliberately  laying  the  foundation  of  a  commonwealth,  upon  prin- 
ciples of  freedom,  unknown  to  the  country  from  which  they  emigrated,  and 
which  has  secured  the  most  invaluable  blessings  to  their  posterity.  Here  is 
one  of  the  few  instances,  where  the  people,  in  a  state  of  nature,  (as  our  an- 
cestors, in  a  political  view,  then  were,)  have  had  a  fair  opportunity  to  con- 
vene in  a  body,  and  by  mutual  assent,  enter  into  a  state  of  society,  and  fornj 
ihe  social  contract.  Here  is  an  instance,  in  which  a  government  has  been 
instituted,  by  voluntary  compact,  and  a  constitution  framed,  agreeably  to 
(he  wishes,  and  for  the  sole  benefit,  of  the  people. 

In  that  rude  age,  unacquainted  with  the  true  theory  of  government,  they 
did  not  attempt  to  distribute  the  several  powers  to  different  departments. 
A  governor  and  six  magistrates  were  to  be  annually  chosen,  by  all  the  free- 
men ;  and  representatives  from  each  town;  who  constituted  the  general 
court,  in  which  all  power  was  concentrated.  But  as  the  people  retained  the 
privilege  of  an  annual  election  of  their  rulers,  they  had  ample  security  for 
their  civil  rights ;  and  it  was  emphatically  a  government  of  the  people. 

Our  ancestors  were  as  solicitous  to  frame  a  good  code  of  laws,  as  they 
were  to  establish  a  good  form  of  government.  Instead  of  servilely  adhering 
to  the  complicated  laws  of  their  native  country,  they  were  ambitious  of 
Traming  a  code  for  themselves,  better  adapted  to  their  condition  and  state 
of  society,  and  more  consonant  to  their  enlarged  viows  of  civil  liberty. 
No  act  was  ever  passed,  formally  recognising  or  defining  the  authority  of 


Vl  PREFACE. 

the  common  law.     It  was,  by  general  consent,  considered  to  be  their  law, 
*o  far  as  it  was  applicable  to  their  circumstances,  and  not  varied  by  tt 
own  regulations.     For  a  while,  the  legislature  enacted  statutes,  as  occasio 
required  ;  but  they  soon  directed  their  minds  to  the  framing  of  a  complel 
code      Accordingly,  in  1646,  they  requested   Mr.  Ludlow,  a  disungut 
jurist,  and  a  leading  character,  to  compile  a  body  of  laws  for  the  common 
weath      Owing  to  the  novelty  and  difficulty  of  the  undertaking,  it  was  n 
completed  till  1650.     The  code  was  digested  under  proper  heads,  and  com 
prised  the  Statutes  then  in  force,  with  the  necessary  additional  regulations, 
and  was  well  adapted  to  the  state  of  things  at  that  early  age. 

The  year  1652,  was  an  important  op-ch  in  the  political  and  j-.mdic 
tory  of  our  country.    Thouph  our  ancestors  had   formed  a  constitution,  by 
their  own  authority,  yet  as  they  considered  themselves  to  be  a  componc 
part  of  the  British  empire,  they  applied  to  the  British  Crown  for  a  charter, 
and  governor  Winthrop  was  appointed  an  agent  to  solicit  the  royal  favour. 
Such  was  the  address  with  which  the  application  was  managed,  or  so  favor- 
able was  that  particular  time  to  the  wishes  of  the   applicants,  that  they  ob- 
tained from   Charles  II.  a  charter  bottomed  on  the    constitution  they  had 
formed  by  voluntary  compact,  which  not  only  secured  the  most  extensive 
rights  and  privileges,   but  rendered  them  almost  independent  of  the  British 
crown.     It  is  inexplicable,  that  such  a  monarch  as  Charles,  who  had  so  little 
regard  for  the  rights  of  his  subjects  at  home,  should  have  given  to  a  distant 
colony  such  extensive  power?  :  but  he  had  no   anticipation,  that  by  the  lib- 
eral charters  he  was  granting  to  the  colonies  in  America,  he  was  cherishing 
a  spirit,  which  at  a  future  day,  would  divest  the  sceptre  of  his  successors  of 
one  of  its  brightest  gems,  and  lay  the  foundation  of  a  Republic,  which  has 
not  its  parallel  in  the  annals  of  the  world,  for  the  freedom  of  its  constitution, 
the  energy  of  its  character,  and  the  extent  of  its  territory.     By  the  charter, 
the  whole  power  was  vested  in  a  governor,  lieutenant-governor,  and  twelve 
senators,  or  assistants,  as  they  were  called,  and  representatives  from  the 
several  towns,  to  be  chosen  annually  by  the  freemen.     They  had  an  unlim- 
ited authority  to  erect  judicatories,  to  appoint  officers,  and  to  establish  all 
necessary  laws  and  regulations.     A  government,  more  popular,  in  form,  and 
in  principle,  can  hardly  be  imagined  ;  and  yet  so  strong  has  been  the  sense 
always  entertained,  by  the  people,  of  the  duty  and  necessity  of  subordina- 
tion to  law  and  government,  that  no  violence,  tumult,  or  convulsion  has  been 
experienced.     This  charter  comprehended  the  colony  of  New-Haven,  which 
was   coeval  with    Connecticut,  and  nearly  similar  in   laws  and  manners 
The  two  colonies  were  thus  incorporated  into  one. 

Our  ancestors  considered  it  an  important  object,  that  the  statutes  should 
be  plain  and  concise,  so  as  to  be  accessible  to  every  capacity.  Accordingly, 
at  an  early  period,  they  adopted  the  excellent  practice  of  revising  them,  at 
proper  intervals  of  time,  by  which  they  were  greatly  abridged  and  simpli- 
fied, and  rendered  much  more  intelligible. 

In  1671,  as  sundry  additional  acts  had  been  passed,  after  the  promulga- 
tion »f  the  code,  and  as  the  new  charter  had  produced  a  change  in  their 
government,  it  was  thought  proper  a  revision  should  be  made,  to  reduce 
them  to  a  uniform  code.  The  governor,  lieutenant-governor,  and  a  majori- 


PREFACE.  vtr 

ty  of  the  assistants,  were  appointed  for  that  purpose  ;  who  completed  the 
work,  so  that  it  was  approved  by  the  legislature,  in  1672. 

Before  this  time  the  laws  had  been  promulgated,  by  written  copies,  and 
by  directing  them  to  be  read  in  the  respective  towns.  But  as  this  mode  had 
become  inconvenient,  the  new  code  was  directed  to  be  printed  ;  which 
was  accordingly  done,  at  Boston,  with  a  preface  strongly  characteristic  of 
the  manners  and  sentiments  of  the  age,  breathing  the  most  ardent  piety  to 
their  God,  the  sincerest  loyalty  to  their  sovereign,  and  the  deepest  solici- 
tude for  the  welfare  of  the  people.  The  address  was  "  To  our  beloved 
brethren  and  neighbors,  the  inhabitants  of  the  colony  of  Connecticut,  the 
general  court  of  that  colony  wish  grace  and  peace  in  our  Lord  Jesus." 
Among  the  rest  is  this  passage.  "  Now,  in.  these  our  laws,  although  we 
may  seem  to  vary  or  differ,  yet  it  is  not  our  purpose  to  repugn  the  Statute 
laws  of  England,  so  far  as  \ve  understand  them. ;  professing  ourselves  always 
ready  and  willing  to  receive  light  for  emendation  or  alteration,  as  we  may 
have  opportunity  ;  our  whole  aim  in  all  being  to  please  and  glorify  God,  to 
approve  ourselves  loyal  subjects  to  our  sovereign,  and  to  promote  the  wel- 
fare of  his  people,  in  all  godliness  and  honesty,  in  peace,  which  will  be  the 
more  establishing  to  his  majesty's  crown  and  dignity,  and  best  answer  his 
religious  directions  to  us  in  our  charter:  And  that  pure  religion  and  unde- 
nted before  God,  according  to  the  gospel  of  our  Lord  Jesus,  may  be  main- 
tained amongst  us,  which  was  the  end  of  the  first  planters,  who  settled  these 
foundations,  and  ought  to  be  the  endeavor  of  those  that  shall  succeed,  to 
uphold  and  encourage  unto  all  generations." 

The  division  and  arrangement  of  the  code  of  1650,  was  retained,  and  the 
additional  statutes  were  inserted,  in  their  proper  places.  In  this  code,  we 
find  those  wise  and  peculiar  regulations,  by  which  our  country  has  been 
distinguished.  Political  liberty  and  civil  rights  are  placed  on  the  most 
favorable  footing.  The  early  legislators,  not  unmindful  of  the  hardship  and 
oppression  under  which  their  ancestors  had  groaned,  from  the  feodal  bur- 
dens and  restraints  on  lands,  declared,  that  all  lands  should  be  free  from  all. 
fines  and  licences  for  alienation,  and  from  all  heriots,  wardships,  liveries, 
primer  seisins,  year  and  day,  waste,  escheats,  and  forfeitures  ;  and  should 
be  holden  by  the  tenure  of  free  and  common  socage,  the  freest  tenure  in 
England  ;  so  thatevery  landholder  had  an  absolute  dominion  and  property 
in  the  soil,  with  the  power  of  disposing  of  it,  as  he  pleased  ;  and  being  se- 
cured in  the  fruits  of  his  labor,  was  animated  by  the  highest  inducement  to 
cultivation  and  improvement. 

Instead  of  following  the  practice  of  their  native  country,  in  the  complica- 
ted mode  of.  civil  process,  and  the  endless  labyrinth  of  forms  in  legal  pro- 
ceedings, they  adopted  a  concise  and  plain  mode  of  bringing  the  parties 
before  the  court ;  and  they  proceeded  in  the  trial  of  the  cause  without  cir- 
cuity  or  delay,  and  with  a  facility  and  dispatch,  that-  greatly  contributed  to 
promote  the  ends  of  justice.  Instead  of  volumes  to  detail  the  practice  of 
the  several  courts,  a  few  pages  are  sufficient  for  that  purpose  ;  and  the 
merits  of  the  cause  are  brought  to  view,  on  the  trial,  with  as  much  clearness, 
certainty,  and  fairness,  as  where  the  most  complicated  forms  of  the  com- 
mon law  are  made  use  of. 


PREFACE. 

In  this  code,  we  find  the  institution  of  towns,  ecclesiastical  societies,  and 
common  schools,  which  have  produce!  a  most  important  effect  on  socict 
No  institutions  can  be  better  calculated  than  towns  to  manage  the  m.nute 
and  local  concerns  of  the  community.  Accordingly,  they  were  charged 
with  the  duty  of  supporting  the  poor,  and  of  making  and  repairing  road? 
and  bridges,  with  various  oilier  powers  of  considerable  importance.  They 
were  enabled  to  hold  meetings,  to  make  by-laws,  and  to  appoint  the  neces 
sary  officers,  of  various  descriptions,  to  execute  the  powers,  and  discharge 
the  duties,  confided  to  the  towns.  Here,  the  people  meet  in  primary  assem- 
blies ;  and,  in  the  exercise  of  their  authority,  constitute,  in  miniature,  a  real 
democracy.  Here,  the  energies  of  the  nation  may  be  called  forth,  in  the 
most  effectual  manner,  in  a  popular  cause  ;  and  it  was  by  the  instrumental 
ityof  towns,  that  Connecticut  made  such  astonishing  efforts  in  the  struggle 
that  led  to  the  independence  of  our  country. 

Our  ancestors,  having  smarted  bitterly  under,  the  rod  of  persecution,  in 
their  native  country,  established  their  ecclesiastical  constitution  on  a  very 
liberal  basis.  They  wholly  renounced  the  canon  law,  which  had  been  the 
source  of  the  most  intolerable  and  diversified  abuse  and  oppression,  in  the 
countries  where  it  had  been  admitted  ;  they  gave  to  the  people  the  power 
of  selecting  teachers,  agreeable  to  their  wishes,  instead  of  receiving  them 
from  the  mandate  of  the  lord  of  the  manor,  who  had  no  interest  in  their 
spiritual  welfare  ;  and  they  authorized  them  to  provide,  by  a  convenient 
mode,  for  the  support  of  the  gospel  ministry,  instead  of  subjecting  them  to 
the  payment  of  tithes,  a  tax  not  only  extremely  odious  and  inconvenient, 
bat  which  operates  as  a  severe  check  on  the  industry  of  the  people,  and 
the  improvements  of  agriculture. 

Our  ancestors  were  sensible  of  the  immense  superiority  of  a  well  inform- 
ed people,  over  the  ignorant  and  illiterate  ;  and  it  was  the  special  object 
of  their  attention  to  establish  a  system  of  education,  that  should  extend  the 
means  of  instruction  to  every  individual.  For  this  purpose,  common  schools 
were  established  in  every  ecclesiastical  society  ;  and  there  has  rarely  been, 
an  instance  of  a  person,  who  could  not  read  and  write,  and  who  did  not  un- 
derstand enough  of  arithmetic  for  the  ordinary  business  of  life.  And  now, 
by  the  liberal  fund  established  for  the  support  of  schools,  every  child, 
whether  poor  or  rich,  has  an  opportunity  of  acquiring  a  good  common  edu- 
cation, free  from  expense;  a  provision  of  far  greater  consequence  to  pre- 
serve and  perpetuate  our  civil  rights,  than  all  the  constitutional  checks  and 
balances  that  can  be  devised  by  the  wit  of  man. 

In  these  institutions,  the  people  constitute,  in  their  individual  capacity, 
an  important  part  of  the  government.  This  gives  them  a  personal  interest 
and  influence  in  the  administration  of  it,  and  a  consideration  and  conse- 
quence unknown  to  despotic  governments,  where  therulersaieevery  thing, 
and  the  people  nothing.  Hence,  they  derive  a  dignity  and  independence 
of  sentiment  peculiar  to  freemen,  and  that  singular  spirit  of  enterprise,  and 
energy  of  character,  the  effects  of  which  have  been  displayed  in  almost  ev- 
ery part  of  the  globe. 

In  1696,  so  many  new  statutes  had  been  made  as  to  rendera  revision  use' 
fal  and  proper ;  and  John  Allyn,  James  Fitch,  and  Eleazer  Kimberly,  the 
two  former  being  assistants,  and  the  latter  secretary,  were  appointed  a 


PREFACE.  i> 

sotaniittee  to  revise  the? Statutes,  and  to  consider  what  alterations  and  ad 
ditions  were  necessary  to  render  them  more  effectual  in  maintaining  right- 
eousness, and  promoting  the  weal  and  prosperity  of  the  nation.  This  re- 
vision was  completed  in  1700;  but  the  edition  was  not  published  till  1702. 

Another  edition  was  published  in  1714,  comprising  the  additional  statutes 
then  in  force. 

In  1742,  the  subject  again  came  under  the  consideration  of  the  legisla- 
ture ;  and  foger  Wolcoit,  Thomas  Filch,  Jonathan  Trumbull,and  John  Bulk- 
ley,  the  three  former  of  whom  were  succeessively  governors  of  the  colony, 
and  the  latter  a  judge  of  the  superior  court,  were  appointed  a  committee  to 
revise  »he  statutes,  with  the  usual  powers,  except  astoacts  relating  to  real 
estate,  in  which  no  alteration  was  to  be  made.  This  wrork  was  completed, 
approved,  and  published  in  1750.  Governor  Fitch,  who  was  an  eminent 
lawyer  at  that  day,  is  said  to  have  had  the  principal  agency  in  performing 
the  work.  The  statutes  were  much  compressed,  and  arranged  in  a  different 
and  bet'er  form  ;  but  without  any  material  alterations  or  additions. 

In  1769,  a  new  edition,  with  the  additional  statutes,  were  found  necessary 

The  dissolution  of  our  connexion  with  the  British  empire,  accelerated 
another  revision  of  the  statutes,  within  a  shorter  period  than  usual.  So 
slight  had  been  our  connexion  with  that  government,  and  so  little  had  they 
interfered  in  our  internal  concerns,  that  the  transition  from  a  dependent  to 
a  sovereign  state,  was  almost  imperceptible.  No  alteration  was  necessary, 
but  to  erase  the  name  of  "  His  Majesty,"  from  our  legal  proceedings,  and 
insert  the  name  and  authority  of  the  state  ;  and  the  administration  of  the 
government  proceeded  in  the  same  manner  as  before  the  declaration  of  in- 
dependence. Of  course,  instead  of  fratninga  new  constitntion,  it  was  deem- 
ed sufficient  to  continue  that  in  force,  which  had  originated  from  the  con- 
sent of  the  people.  A  revision,  however,  of  the  laws,  was  necessary,  to 
adapt  them  to  the  new  order  of  things.  Accordingly,  on  the  return  of 
peace,  in  1783,  Richard  Law  and  Roger  Sherman,  then  judges  of  the  superi- 
or court,  were  invested  with  power  to  digest  all  the  statutes  relating  to  the 
same  subject  into  one  ;  and  to  reduce  the  whole  to  a  regular  alphabetical 
order,  with  such  alterations,  additions,  exclusions,  and  amendments,  as 
they  should  judge  expedient.  This  revision  was  completed,  and  adopted, 
in  January,  1784,  at  an  adjourned  session  of  the  general  assembly,  holden 
for  that  purpose.  In  this  revision,  the  temporary  and  repealed  statutes 
were  omitted  ;  the  arrangement  was  simplified  and  improved  ;  and  many 
valuable  emendations  and  additions  were  introduced. 

In  1795,  the  statutes  again  underwent  a  partial  revision.  Chauncey  Good- 
rich, Jonathan  Brace,  and  Enoch  Perkins  were  appointed  a  committee,  with 
powers  limited  to  compile  and  expunge  ;  and  they  confined  their  labors  to 
bringing  together  the  several  statutes  relating  to  the  same  subject,  and  to 
expunging  those,  which  had  been  superseded  or  repealed,  or  had  grown  ob- 
solete, or  had  expired.  This  was  approved  of,  in  1796  ;  and  an  edition  was 
published  accordingly. 

So  soon  as  the  year  1807,  another  edition  was  found  to  be  necessary  ; — 
and  on  the  application  of  Hudson  fy  Goodwin,  printers  in  Hartford,  Gover- 
nor Treadwell,  Enoch  Perkins  and  Thomas  Day,  were  appointed  a  commit- 
tee to  superintend  the  publication,  with  power  to  omit  those  which  were 


x  PREFACE. 

repealed,  and  to  insert  notes  of  the  times  when  the  statutes  were  passedr 
with  marginal  notes.  This  committee  divided  the  statutes  into  titles,  chap- 
ters, and  sections,  expunged  the  statutes  wholly  repealed,  noted  the  sections 
of  st  Uiites  which  had  been  repealed,  and  added  many  historical  and  ex- 
planatory notes,  and  references  to  the  periods  when  the  several  provisions 
Were  originally  passed. 

Though  the  people  had  long  acquiesced  under  the  form  of  government 
derived  from  the  charter,  and  sanctioned  by  the  legislature;  yet  it  was 
considered  by  ninny,  that  we  had  no  constitution,  as  our  government  under 
the  cnarter  had  never  received  tne  explicit  approbation  of  the  people,  sub- 
sequent to  the  declaration  of  independence.  It  was  also  <  onsidered  to  be 
inconsistent  with  the  dignity  of  a  free  nation,  to  hold  their  rights,  even 
nominally,  by  the  tenure  of  a  royal  grant ;  and  that  it  was  proper  the  pow- 
ers of  the  government  should  be  divided  into  separate  departments,  and  in- 
dividual  rights  be  secured,  by  a  constitution,  that  should  control  the  legisla- 
ture itself.  It  was,  therefore,  thought  adviseable  to  call  a  convention  for 
that  object.  Accordingly,  in  1818,  a  convention  was  assembled,  who  agreed 
upon  a  constitution,  that  was  ratified  by  the  people.  The  oiost  prominent 
advantages  demed  from  it,  are,  that  il  divides  the  gov<  rnment  into  three 
branches,  the  legislative,  the  executive.,  and  the  judiciary,  which  are  con- 
fided to  separate  magistracies  ;  and  also  secures  the  independence  of  the 
juiliciary,  by  a  permanent  appointment. 

Tue  constitution  produced  such  an  important  change  in  our  jurispru- 
dence, that  another  revision  became  necessary  ;  and  in  May,  1819,  Tfwmas 
Day  and  Lemuel  Whitman  were  appointed  a  committee,  to  examine  the 
statute  laws,  and  to  recommend  such  alterations  and  provisions  as  should 
be  necessary  and  expedient  to  render  the  statutes  conformable  to  the  consti- 
tution. They  reported  to  the  legislature,  in  1820,  a  bill  to  repeal  certain 
statutes,  incompatible  with  the  provisions  of  the  constitution  ;  and,  after 
pointing  out  the  defects  ot  our  code,  they  suggested,  that  to  remedy  these 
defects  would  require  a  general  revision  of  the  statutes.  Accordingly,  at 
this  lime,  the  undersigned  were  appointed  a  cemmittee,  with  ample  pow- 
ers for  that  purpose ;  and  having  undertaken  to  pertorm  that  duty,  they 
made  the  following  report  to  the  legislature,  at  their  session,  in  May,  1821. 

"  To  the  Honorable  General  Assembly  of  the  State  of  Connecti- 
cut, now  m  session. 

"The  committee,appointed  at  the  last  session,  to  revise  the  statutes  of  this  state 
REPORT,  That  they  have  attended  to  the  subject  confided  to  them, 
and  now  lay  before  the  legislature  an  entire  revision  of  the  public  statute?, 
as  the  result  ol  their  labors.  Impressed  with  the  importance  and  utility  of 
revising  and  amending  the  statute  laws  of  the  state,  at  proper  intervals  of 
time,  and  especially  at  this  period,  when  the  adoption  of  a  new  constitu- 
tion forms  an  interesting  aera  in  our  judicial  history,  the  committee  have 
not  hesitated  to  exercise,  in  their  full  extent,  the  ample  powers  given  them, 
in  an  attempt  to  present  to  their  fellow-citizens,  a  concise,  perspicuous  and 
comprehensive  code,  in  conformity  to  the  views  and  wishes  of  the  legisla- 
ture. 


PREFACE.  xi 

t:  The  difficulty  of  diffusing  a  general  knowledge  of  a  voluminous  code, 
and  the  perplexity  and  confusion  arising  from  au  intermixture  of  laws  in 
force  and  not  in  force,  have  induced  the  committee  to  omit  all  statute?,  and 
parts  of  statutes,  which  have  been  directly  repealed,  or  superseded  1/y  new 
provisions,  or  become  obsolete  by  the  change  of  manners  and  customs,  or 
inconsistent  with  the  sentiments  of  the  age,  or  repugnant  to  the  principles 
and  spirit  of  the  constitution.  As  nothing  contributes  more  to  facilitate  the 
acquisition  of  the  knowledge  of  a  science,  than  a  methodical  arrangement 
and  distribution  of  the  parts,  it  has  been  a  principal  object  with  the  commit- 
tee, under  appropriate  and  comprehensive  titles,  to  bring  together  all  the 
statutes,  and  parts  of  statutes,  relating  to  the  same  subject,  in  their  natural 
order  and  connexion,  so  as  to  exhibit  a  systematic  view  of  the  whole,  in  the 
most  intelligible  form.  In  doing  this,  they  have  sometimes  varied  the  phra- 
seology, and  have  suggested  such  additions  and  alterations  as  they  judged 
would  tend  to  improve  and  complete  our  judicial  system  The  statutes, 
which  have  been  enacted  since  the  adoption  of  the  constitution,  have  re- 
quired very  little  variation  ;  and  as  nearly  the  whole  ground  of  legislation 
has  been  occupied,  it  has  been  thought  expedient  to  propose  but  few  new 
provisions.  As  it  would  render  this  report  too  voluminous  to  detail  minute- 
ly the  additions,  alterations  and  new  provisions,  which  have  been  recom- 
mended, with  the  reasons  therefor,  this  subject  is  reserved  for  oral  commu- 
nication and  explanation. 

"  The  repetition  of  similar  regulations,  though  relating  to  different  sub- 
jects, has  been  avoided,  as  far  as  possible.  The  powers  and  privileges 
granted  to  cities,  by  the  various  acts  incorporating  them,  are  nearly  the 
same.  These  have  been  embodied  in  one  act,  of  nearly  the  same  length, 
that  each  would  have  required  separately.  The  same  has  been  done  with 
regard  to  boroughs.  This  was  found  to  be  impracticable  with  regard  to 
banks  ;  but  by  omit'ing  temporary  regulations,  the  acts  incorporating  them 
have  been  greatly  abridged. 

"  Acts  wholly  of  a  private  nature,  such  as  those  which  relate  to  manufac- 
turing, insurance,  and  aqueduct  companies,  and  the  like,  have  been  omit- 
ted, as  they  would  greatly  increase  the  size  of  the  volume  of  statutes, 
without  answering  any  public  purpose.  If  it  should,  however,  be  deemed 
adviseable,  they  can  be  retained  ;  and  they  might  be  very  much  shortened, 
by  the  omission  of  temporary  provisions.  As  it  is  not  intended,  that  pri- 
vate rights,  vested  by  statute,  should  be  affected  by  this  revision,  it  is  re- 
commended to  remove  all  doubt,  that  an  act  be  passed,  declaring  that 
private  rights  shall  not  be  prejudiced  in  any  manner,  by  the  omission  or 
alteration  of  any  statute,  and  shall  remain  the  same  as  if  no  revision  had 
taken  place. 

"  The  statutes,  by  this  revision,  will  probably  be  reduced  to  about  one 
third  of  their  present  size  ;  and  will  comprehend  every  regulation  of  a  pub- 
lic nature,  now  in  practical  operation.  It  is  interesting  to  contemplate  the 
conciseness,  perspicuity,  and  simplicity  of  our  code,  in  comparison  with 
what  it  would  have  been,  had  the  acts  been  retained  as  they  were  passed, 
from  the  origin  of  the  government.  One  volume,  of  a  moderate  size,  will 
contain  a  body  of  statutes,  as  general,  and  comprehensive  in  their  regula- 
tions, as  will  be  found  in  many  volumes,  in  countries  where  they  have  been 
continued  in  the  original  form  in  which  they  were  first  promulgated.  Our 
citizens,  with  little  difficulty  and  expense,  can  become  acquainted  with  the 
laws  that  govern  their  daily  conduct ;  but  where  no  revision  is  ever  made. 


.xii  PREFACE. 

the  statute  law  becomes  so  unwieldy  and  complicated  as  to  be  out  of  the 
reach  of  the  body  of  the  people  ;  and  they  are  compelled  to  depend  on  the 
advice  the  opinion,  and  the  information  of  professional  men,  in  the  most 
common  concerns  of  life.  To  have  conferred  on  their  fellow  citizens  such 
an  inestimable  benefit,  will  reflect  the  highest  credit  on  the  patriotism  of 
the  legislature  ;  and  it  is  a  source  of  the  purest  satisfaction  to  the  commit- 
tee, to  have  contributed  their  exertions  to  promote  the  welfare  of  a  com- 
munity, whose  free  constitution  they  ardently  pray  may  be  perpetual." 

Such  of  the  acts  thus  reported,  as  had  received  but  little  alteration,  were 
referred  to  joint  committees  for  examination.  The  others  were  brought 
before  the  general  assembly,  in  the  form  of  original  bills,  and  were  fully 
considered  in  each  house.  The  statutes  omitted  by  the  committee  of  revi- 
sion, were  examined  by  a  joint  committee,  with  instructions  to  report 
whether  any  of  them  ought  to  be  retained,  [n  the  course  of  the  session, 
the  whole  subject  under^  ent  a  patient  and  careful  investigation  ;  and  the 
reported  acts  were  adopted  by  the  legislature,  with  such  omissions,  addi- 
tions and  alterations,  as  they  thought  proper  to  make  ;  and  at  the  close, 
an  act  was  passed,  confirming  them  as  the  laws  of  the  state,  and  repealing 
all  others,  with  suitable  savings  for  the  protection  of  vested  rights,  and  the 
public  convenience.  The  undersigned  were  then  appointed  a  committee 
to  superintend  the  printing  and  publication.  We  were  particularly  instruct- 
ed and  authorized  to  arrange  the  statutes  under  proper  titles,  in  alphabetical 
order,  accompanied  with  such  marginal  notes  and  references  as  should 
seem  proper;  to  prefix  thereto  the  declaration  of  Independence,  the  Con- 
stitution of  the  United  States,  and  the  Constitution  of  this  State  ;  to  subjoin 
a  general  index  ;  and  to  correct  any  errors  that  might  intervene  in  the  pub- 
lication. These  powers  we  have  endeavored  to  execute,  with  a  fidelity, 
proportioned,  in  some  degree,  to  their  importance. 

ZEPHANIAH  SWIFT, 
LEMUEL  WHITMAN, 
THOMAS  DAY. 
NOVEMBER  1st,  1821. 


DECLARATION  OF  INDEPENDENCE, 

In  Congress,  July  4th,  1776. 

THE  UNANIMOUS  DECLARATION  OF  THE  THIRTEEN  UNITED 
STATES  OF  AMERICA. 

WHEN,  in  the  course  of  human  events,  .it  becomes  propriety  of 
necessary  for  one  people  to  dissolve  the  political  bands  the  declaration 
which  have  connected  them  with  another,  and  to  assume, 
among  the  powers  of  the  earth,  the  separate  and  equal 
station,  to  which  the  laws  of  nature  and  of  nature's  God 
entitle  them,  a  decent  respect  to  the  opinions  of  mankind 
requires,  that  they  should  declare  the  causes,  which  im- 
pel them  to  the  separation. 

We  hold  these  truths  to  be  self-evident — That  all  men  Unalienable 
are  created  equal ;  that  they  are  endowed  by  their  Crea-  rights  of  the 
tor  with  certain  unalienable  rights  ;  that  among  these  Pe°Ple>  &c- 
•jire  life,  liberty,  and  the  pursuit  of  happiness:  That  to 
secure  these  rights,  governments  are  instituted  among 
men,  deriving  their  just  powers  from  the  consent  of  the 
governed ;  that  whenever  any  form  of  government  be- 
comes destructive  of  these  ends,  it  is  the  right  of  the 
people  to  alter  or  to  abolish  it,  and  to  institute  new  gov- 
ernment, laying  its  foundation  on  such  principles,  and 
organizing  its  powers  in  such  form,  as  to  them  shall  seem 
most  likely  to  effect  their  safety  and  happiness.  Pru- 
dence, indeed,  will  dictate,  that  governments  long  estab- 
lished should  not  be  changed  for  light  and  transient  cau- 
-es;  and  accordingly  all  experience  hath  shown,  that 
mankind  are  more  disposed  to  suffer,  while  evils  are  suf- 
ferable,  than  to  right  themselves,  by  abolishing  the  forms 
to  which  they  are  accustomed.  But  when  a  long  train 
of  abuses  and  usurpations,  pursuing  invariably  the  same 
object,  evinces  a  design  to  reduce  them  under  absolute 
despotism,  it  is  their  right,  it  is  their  duty,  to  throw  off 
such  government,  and  to  provide  new  guards  for  their 
future  security.  Such  has  been  the  patient  sufferance  of 
these  colonies ;  and  such  is  now  the  necessity  which  con- 
strains them  to  alter  their  former  systems  of  govern- 
ment. The  history  of  the  present  king  of  Great-Bri- 
tain, is  a  history  of  repeated  injuries  and  usurpations,  all 
having  in  direct  object  the  establishment  of  an  absolute  Absolute  tyran- 
tyranny  over  these  states.  To  prove  this,  let  facts  be  Z^toXt** 
submitted  to  a  candid  world.  Great-Britain. 

. 


2  DECLARATION    OF    INDEPENDENCE. 

Recitation  of         fje  jias  refused  his  assent  to  laws  the  most  wholesomr, 
on  an<l  necessary  for  the  public  good 


the  part  of  the  He  has  forbidden  his  governors  to  pass  laws  of  imme- 
Britisn  crown.  <Jiate  and  pressing  importance,  unless  suspended  in  their 
operation,  till  his  assent  should  be  obtained ;  and  when 
so  suspended,  he  has  utterly  neglected  to  attend  to  them. 
He  has  refased  to  pass  other  laws  for  the  accommoda- 
tion of  large  districts  of  people,  unless  those  people 
would  relinquish' the  right  of  representation  in  the  legis- 
lature— a  right  estimable  to  them,  and  formidable  to 
tyrants  only. 

He  has  called  together  legislative  bodies  at  places  un- 
usual, uncomfortable,  and  distant  from  the  repository  of 
their  public  records,  for  the  sole  purpose  of  fatiguing  them 
into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for 
opposing,  with  manly  firmness,  his  invasions  on  the  rights 
of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions, 
to  cause  others  to  be  elected  ;  whereby  the  legislative 
powers,  incapable  of  annihilation,  have  returned  to  the 
people  at  large,  for  their  exercise  ;  the  state  remaining, 
in  the  mean  time,  exposed  to  all  the  dangers  of  invasion 
from  without,  and  convulsions  within. 

He  has  endeavoured  to  prevent  the  population  of 
these  states  ;  for  that  purpose,  obstructing  the  laws  for 
naturalization  of  foreigners  ;  refusing  to  pass  others  to 
encourage  their  migration  hither,  and  raising  the  condi- 
tions of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by 
refusing  his  assent  to  laws  for  establishing  judiciary 
powers. 

He  has  made  judges  dependent  on  his  will  alone,  for 
the  tenure  of  their  offices,  and  the  amount  and  payment 
of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent 
hither  swarms  of  officers,  to  harass  our  people,  and  eat 
out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  ar- 
mies, without  the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of, 
and  superior  to,  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  juris- 
diction foreign  to  our  constitution,  and  unacknowledged 
by  our  laws  ;  giving  his  assent  to  their  acts  of  pretended 
legislation  : 

For  quartering  large  bodies  of  armed  troops  among 


DECLARATION    OF    INDEPENDENCE. 

For  protecting  them,  by  a  mock  trial,  from  punish- 
ment for  any  murders  which  they  should  commit  on  the 
inhabitants  of  these  states  : 

For  cutting  off  our  trade  with  all  parts  of  the  world  : 

For  imposing  taxes  on  us  without  our  consent : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  tri- 
al by  jury  : 

For  transporting  us  beyond  seas  to  be  tried  for  pre- 
tended offences  : 

For  abolishing  the  free  system  of  English  laws  in  a 
neighboring  province,  establishing  therein  an  arbitrary 
government,  and  enlarging  its  boundaries,  so  as  to  render- 
it,  at  once,  an  example  and  fit  instrument  for  introducing, 
the  same  absolute  rule  into  these  colonies  : 

For  taking  away  our  charters,  abolishing  our  most  val- 
uable laws,  and  altering,  fundamentally,  the  forms  of  our 
governments  : 

For  suspending  our  own  legislatures,  and  declaring 
themselves  invested  with  power  to  legislate  for  us  in  all 
cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us 
out  of  his  protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt 
our  towns,  and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  for- 
eign mercenaries  to  complete  the  works  of  death,  deso- 
lation, and  tyranny,  already  begun,  with  circumstances  of 
cruelty  and  perfidy,  scarcely  paralleled  in  the  most  bar- 
barous ages,  and  totally  unworthy  the  head  of  a  civilized 
nation. 

He  has  constrained  our  fellow  citizens,  taken  captive 
on  the  high  seas,  to  bear  arms  against  their  country,  to 
become  the  executioners  of  their  friends  and  brethren, 
or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and 
lias  endeavoured  to  bring  on  the  inhabitants  of  our  fron- 
tiers the  merciless  Indian  savages,  wrhose  known  rule  of 
warfare  is  an  undistinguished  destruction  of  all  ages,  sex- 
es and  conditions. 

In  every  stage  of  these  oppressions  we  have  petitioned  Petitions  fa? 
for  redress,  in  the  most  humble  terms:  our  repeated  peti-  ^yto^&J*" 
tioris  have  been  answered  only  by  repeated  injury.     A 
prince,  whose  character  is  thus  marked  by  every  act  which 
may  define  a  tyrant,  is  unfit  to  be  the  rulerof  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  Appeal  to  the 
brethren.     We  have  warned  them,  from  time  to  time,  of  S,se,  Peop le' 
attempts,  by  their  legislature,  to  extend  an  unwarranta- 
ble jurisdiction  over  us.     AVe  have   reminded  them  of 
the  circumstances  of  our  emigration  and  settlement  here. 


Declaration  of 
independence. 


The  colonies 
absolved  from 
their  allegi- 
ance, &c. 


Mutual   pledge 
of  fidelity. 


DECLARATION  OF  INDEPENDENCE. 

We  have  appealed  to  their  native  justice  and  magnanim- 
ity;  and  we  have  conjured  them,  by  the  ties  of  our  com- 
mon kindred,  to  disavow  these  usurpations,  which  would 
inevitably  interrupt  our  connexions  and  correspondence. 
They,  too,  have  been  deaf  to  the  voice  of  justice,  and 
of  consanguinity.  We  must,  therefore,  acquiesce  in  the 
necessity,  which  denounces  our  separation,  and  hold  them- 
as  we  hold  the  rest  of  mankind,  enemies  in  war,  in  peace 
friends. 

We,  therefore,  the  representatives  of  the  United 
States  of  America,  in  general  congress  assembled,  ap- 
pealing to  the  Supreme  Judge  of  the  world,  for  the  rec- 
titude of  our  intentions,  do,  in  the  name  and  by  the  au- 
thority of  the  good  people  of  these  colonies,  solemnly 
publish  and  declare,  that  these  united  colonies  are,  and 
of  right  ought  to  be,  free  and  independent  states  ;  that 
they  are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  political  connexion  between  them 
and  the  state  of  Great-Britain,  is,  and  ought  to  be,  total- 
ly dissolved  ;  and  that  as  free  and  independent  states, 
they  have  full  power  to  levy  war,  conclude  peace,  con- 
tract alliances,  establish  commerce,  and  to  do  all  other 
acts  and  things,  which  independent  states  may  of  right 
do.  And  for  the  support  of  this  declaration,  with  a  firm 
reliance  on  the  protection  of  Divine  Providence,  we 
mutually  pledge  to  each  other  our  lives,  our  fortunes, 
and  our  sacred  honour. 

The  foregoing  declaration  was,  by  order  of  congress,, 
engrossed,  and  signed  by  the  following  members  : 

JOHN  HANCOCK. 


NEW-HAMPSHIRE. 
Josiah  Bartlett, 
William  Whipple, 
Matthew  Thornton. 

MASSACHUSETTS    BAY. 

Samuel  Adams, 
John  Adams, 
Robert  Treat  Paine, 
Elbridge  Gerry. 

RHODE-ISLAND,  &C. 

Stephen  Hopkins, 
William  Ellery. 

CONNECTICUT. 

Roger  Sherman, 
Samuel  Huntington, 
William  Williams, 
Oliver  Wolcott. 


NEW-YORK. 

William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 

NEW    JERSEY. 

Richard  Stockton, 
John  Witherspoon, 
Francis  Hopkinson, 
John  Hart, 
Abraham  Clark. 

PENNSYLVANIA. 

Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 


CONSTITUTION    OF    THE    UNITED    STATES. 


James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 

DELAWARE. 

Caesar  Rodney, 
George  Read, 
Thomas  M'Kean. 

MARYLAND. 

Samuel  Chase, 
William  Paca, 
Thomas  Stone, 
Charles  Carroll,  of  Car- 
VIRGINIA.       [rolton. 
George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson. 


Benjamin  Harrison, 
Thomas  Nelson,  jr. 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

NORTH-CAROLINA. 

William  Hooper, 
Joseph  Hewes, 
John  Penn. 

SOUTH-CAROLINA. 

Edward  Rutledge, 
Thomas  Heyward,  jr. 
Thomas  Lynch,  jr. 
Arthur  Middleton. 

GEORGIA. 

Button  Gwinnert, 
Lyman  Hall, 
George  Walton. 


CONSTITUTION  OF  THE  UNITED  STATES. 

WE,  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  ensure  domestic 
tranquillity,  provide  for  the  common  defence,  promote 
the  general  welfare,  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,  do  ordain  and  establish  this 
constitution  for  the  United  States  of  America. 

ARTICLE  I. 

SECTION   1. 


1 .  All  legislative  powers  herein  granted,  shall  be  vest-  Legislative 
ed  in  a  congress  of  the  United  States,  which  shall  consist  Powersvest 
of  a  senate  and  house  of  representatives. 


SECTION  2. 

1.  The  house  of  representatives  shall  be  composed  of 
members  chosen  every  second  year,  by  the  people  of  the 
several  states ;  and  the  electors  in  each  state  shall  have 
the  qualifications  requisite  for  electors  of  the  most  nu- 
merous branch  of  the  state  legislature. 

2.  No  person  shall  be  a  representative,  who  shall  not 
have  attained  the  age  of  twenty-five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall 
not.  when  elected,  be  an  inhabitant  of  that  State  in  which 
he  shall  be  chosen. 


House  of  rep- 
resentatives ; 
its  members  ; 
by   whom  cho- 
sen ;    qualifica- 
tions of  elec- 
tors. 

Qualifications 
of  representa- 
tives. 


0  CONSTITUTION    OF    TttE    UNITED    STATES- 

Representa-  3.  Representatives  and  direct  taxes  shall  be  appor- 

tives  and  taxes  ^jone(j  amOng  the  several  states  which  may  be  included 
tionetfaccord-  within  this  union,  according  to  their  respective  numbers, 
ing  to  num-  which  shall  be  determined  by  adding  to  the  whole  num- 
bers-  ber  of  free  persons,  including  those  bound  to  service  for 

a  term  of  years,  and  excluding  Indians  not  taxed,  three 
Actual  enume-  fifths  of  all  other  persons.     The  actual  enumeration  shall 
ration  every      ^e  made  within  three  years  after  the  first  meeting  of  the 
congress  of  the  United  States,  and  within  every  subse- 
quent term  of  ten  years,  in  such  manner  as  they  shall  by 
Limitation  of    law  direct.     The  number  of  representatives  shall  not  ex- 
the  ratio  of  rep-  ceed  one  for  every  thirty  thousand,  but  each  state  shall 
resentation,&,c.  jlave  at  jeagt  one  representative :  and  until  such  enumera- 
tion shall  be  made,  the  state  of  New -Hampshire,  shall  be 
Firstapportion-  entitled  to  choose  three ;  Massachusetts  eight ;  Rhode-Isl- 
meiit  of  repre-  an^       j  Providence  Plantations  one  :   Connecticut  five  : 
sentatives.  '          7        •        •   i 

J\ew-  York  six  ;    New-Jersey  tour  ;  Pennsylvania  eight ; 

Delaware  one  ;    Maryland  six  5     Virginia  ten  ;    North- 
Carolina  five  ;  South-Carolina  five  ;  and  Georgia  three. 

Writs  of  elec-      4.  When  vacancies  happen  in  the  representation  from 

tion  for  filling  any  state,  the  executive  authority  thereof  shall  issue  writs 

vacancies.         of  election  to  fill  such  vacancies. 

Th    fao          ,      5.  The  house  of  representatives  shall  choose  their 

representatives  speaker  and  other  officers,  and  shall  have  the  sole  power 

to  choose        of  impeachment. 

their  speaker, 

fce. 

SECTION  3. 

cho!enebyt0the  l'  The  senate  of  the  United  States  shall  be  composed 
legislature  of  of  two  senators  from  each  state,  chosen  by  the  legisla- 

each  state,  for  ture  thereof,  for  six  years  ;  and  each  senator  shall  have 
6yearS;eachaonevote< 

2.  Immediately  after  they  shall  be  assembled  in  con- 
videdTnto  three  secluence  of  the  first  election,  they  shall  be  divided,  as 
classes.  equally  as  may  be,  into  three  classes.  The  seats  of  the 

senators  of  the  first  class,  shall  be  vacated  at  the  expira- 
One  third  of  tion  of  the  second  year,  of  the  second  class  at  the  expi- 
seats  Vacated  ration  of  the  fourth  year,  and  of  the  third  class,  at  the 
and  filled,  ev-  expiration  of  the  sixth  year,  so  that  one  third  may  be 
ery  two  years,  chosen  every  second  year  ;  and  if  vacancies  happen  by 

resignation  or  otherwise,  during  the  recess  of  the  lecisla- 
Executives  of  .  '  c  ..  r 

states  to  fill  va-  ture  ot  anJ  state,  the  executive  thereof  may  make  tempo- 
cancies  in  the    rary  appointments  until  the  next  meeting  of  the  legisla- 
recess  of  legis-  ture,  which  shall  then  fill  such  vacancies, 
latures,  &c.  o     AT  i        i     ^ 

J.  INo  person  shall  be  a  senator,  who  shall  not  have 

Qualifications  attained  to  the  age  of  thirty  years,  and  been  nine  years  a. 
of  senators.  citizen  of  the  United  States,  and  who  shall  not  when 

elected,  be  an  inhabitant  of  that  state  for  which  he  shall 

be  chosen. 


CONSTITUTION    OF   THE    UNITED    STATES. 

4.  The  vice-president  of  the  United  States  shall  be  Vice-President 
president  of  the  senate,  but   shall  have  no   vote,  unless 

ihey  be  equally  divided. 

5.  The  senate  shall  choose  their  other   officers,   and  Tne  senate  to 
also  a  president  pro  tempore,  in  the  absence  of  the  vice-  president  p'ro 
president,  or  when  he  shall  exercise  the  office   of  presi-  tempore,  ic. 
dent  of  the  United  States. 

6.  The  senate  shall  have  the  sole  power  to  try  all  im-  Tlje  sole  power 
peachments.     When  sitting  for  that  purpose,  they  shall  S^"^?" 
be  on  oath  or  affirmation.     When  the   president  of  the  senate',  &c. 
United  States  is  tried,  the  chief  justice  shall  preside  ; 

and  no  person  shall  be  convicted  without  the  concur- 
rence of  two  thirds  of  the  members  present. 

7.  Judgment,  in  cases  of  impeachment,  shall  not  ex-  Extent  of  judg- 
tend  further  than  to  removal  from  office,  and  disqualifi- 

cation  to  hold  and  enjoy  any  office  of  honor,  trust,  or  ment. 
profit,  under  the  United  States ;  but  the  party  convicted  Party.  H» ble  a1' 
shall,  nevertheless,  be  liable  and  subject  to  indictment,  ^c.°  accord  ing' 
trial,  judgment,  and  punishment,  according  to  law.  to  law. 

SECTION    4. 

1.  The  times,  places,  and  manner  of  holding  elections  Times,  Sic.  of 
for  senators  and  representatives,   shall  be   prescribed  in  tionslor^ena- 
each  state,  by  the  legislature  thereof ;  but  the   congress  tors  and  repre- 
may,  at  any  time,  by  law,  make  or  alter  such  regulations,  sentatives,  re- 
except  as  to  the  places  of  choosing  senators. 

2.  The  congress  shall  assemble  at  least  once  in  every  Congress  to  as- 

j         u  A.-         u    ii  i_  j.u     £     j.  i»r      j        •     semble  annual- 

year  ;  and  such  meeting  shall  be  on  the  first  Monday  in  jy  on  tne  nrst 

December,  unless  they  shall  by  law  appoint  a  different  Monday  of  De- 
day,  cember,  he. 

SECTION    5. 

1.  Each  house  shall  be  the  judge  of  the  elections,  re-  j,,dge  of  "he  ° 
turns,  and  qualifications,  of  its  own  members  ;  and  a  ma-  election  of  its 
jority  of  each  shall  constitute  a  quorum  to  do  business  ;  own  members 
but  a  smaller  number  may  adjourn  from  day  to  day,  and 

may  be  authorised  to  compel  the  attendance  of  absent 
members,  in  such  manner,  and  under  such  penalties,  as 
each  house  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceed-  Each  house  to 
ings,  punish  its  members  for  disorderly  behaviour,  and,  detprmine  '** 
with  the  concurrence  of  two  thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings,  Journals  to  he 

and  from  time  to  time  publish  the  same,  excepting  such  £ept  byeacn 

house,  and  pub- 
parts  as  may,  in  their  judgment,  require  secrecy;  and  the  Ushed,  &c. 

yeas  and  nays  of  the  members  of  eithei*  house  on  any 
question,  shall,  at  the  desire  of  one  fifth  of  those  present, 
be  entered  on  the  journal. 


ft  CONSTITUTION    OF    THE    UNITED    STATES. 

Adjournment         4.  Neither  house,  during  the  session  of  congress,  shall, 
of  both  houses.  without  the  consent  of  the  other,  adjourn  for  more  than 

three  days,  nor  to  any  other  place  than  that  in  which  the 

two  houses  shall  be  sitting. 

SECTION  6. 

r^reSaUves       1.  The  senators  and  representatives   shall  receive  a 
to  be  paid,  &c.  compensation  for  their  services,   to  be   ascertained  by 
Privileged  from  j^  and  p^d  out  the  treasury  of  the  United  States. — 
They  shall,  in  all  cases,  except  treason,  felony  and  breach 
of  the  peace,  be  privileged  from  arrest,  during  their  at- 
tendance at  the  session  of  their  respective  houses,  and  in 
going  to  or  returning  from  the  same  ;  and  for  any  speech 
Concerningthe  Or  debate  in  either  house,  they  shall  not  be  questioned  in 
holding  of  offi-          other  olace 

ces  by  senators  anv  {  ,     ,,     ,      .        .,      ,. 

and  representa-      2.  No  senator  or  representative  shall,  during  the  time 
«ves.  for  which  he  was  elected,   be  appointed  to  any  civil  of- 

fice under  the  authority  of  the  United  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased,  during  such  time  ;  and  no  person  holding 
any  office  under  the  United  States,  shall  be  a  member  of 
either  house,  during  his  continuance  in  office. 

Revenue  bills 

to  originate  in  SECTION  7. 

the  house  of  re- 
presentatives,        i.  All  bills  for  raising  revenue   shall  originate  in  the 
house  of  representatives ;  but  the  senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 

Powers  of  the      2<  Every  bill,  which  shall   have  passed  the  house  of 
president  and     representatives  and  the  senate,  shall,  before  it  become  a 
of  congress  in    iaw?  be  presented  to  the  President  of  the  United  States : 
la^anf  "he**  if  he  approves  he  shall  sign  it  ;  but  if  not,  he  shall  re- 
form's of  pro-     turn   it  with  his   objections,  to   that  house  in  which  it 
Ceding  on  bills  shall  have  originated,  who   shall  enter  the  objections  al 
•n  that  respect.  jarge  Qn  their  journal,  and  proceed  to  reconsider  it.     If, 
after  such  reconsideration,  two  thirds  of  that  house  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with   the 
objections,  to  the  other  house,  by  which  it  shall  likewise 
be  reconsidered,  and  if  approved  by  two  thirds  of  thai 
house,  it  shall  become  a  law.     But  in  all  such  cases,  the 
votes  of  both  houses,  shall  be  determined  by  yeas  and 
nays  ;  and  the   names   of  the   persons   voting  for  and 
against  the  bill,  shall  be  entered  on  the  journal  of  each 
house  respectively.     If  any  bill  shall  not  be   returned, 
by  the  president,  within  ten  days  (Sundays  excepted)  af- 
ter it  shall  have  been  presented  to  him,  the  same  shall 
be  a  law,  in  like  manner  as  if  he  had   signed  it,   unless 
the  congress,  by  their  adjournment,  prevent  its  return : 
jn  which  case  it,  shall  not  be  a  law : 


CONSTITUTION  OF  THE  UNITED  STATES.  9 

3.  Every  order,  resolution,  or  vote,  to  which  the  con-  Joint  resolu- 

currence  of  the  senate  and  house  of  representatives  may  'I0ns>  e*cept 
i  /  j.-          c    j-  .LN    i     11  tor  adjourn- 

oe  necessary  (except  on  a  question  of  adjournment)  shall  ment,  to  re- 
be  presented  to  the  president  of  the  United  States ;  and  ceive  the  same 
before  the  same  shall  take  effect,  shall  be  approved  by  j^"^1011  as 
him,  or  being  disapproved  by  him,  shall  be  re-passed  by 
two  thirds  of  the  senate  and  house  of  representatives,  ac- 
co  -ding  to  the  rules  and  limitations  prescribed  in  the  case 
of  a  bill. 

SECTION    8. 

The  congress  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  ex-  Congress  have 
cises ;  to  pay  the  debts,  and  provide  for  the  common  de-  power  to  lay 
fence  and  general  welfare  of  the  United  States ;  but  all  taxes=  fcc- 
duties,  imposts,  and  excises  shall  be  uniform  throughout 

the  United  States : 

2.  To  borrow  money  on  the  credit  of  the  United  To  borrow 
States :  money. 

3.  To  regulate  commerce  with  foreign  nations,  and  To  regulate 
among  the  several  states,  and  with  the  Indian  tribes  :          Commerce. 

4.  To  establish  an  uniform  rule  of  naturalization,  and  To  establish 
uniform  laws  on  the  subject  of  bankruptcies,  throughout the  Cule  of  "a' 
the  United  States:  turalization, 

5.  To  coin  money,  regulate  the  value  thereof,  and  of 

foreign  coin,  and  fix  the  standard  of  weights  and  meas-    °  c ^  mo~ 
ures : 

6.  To  provide  for  the  punishment  of  counterfeiting  Punish?ng  *  *" 
the  securities  and  current  coin  of  the  United  States  :          connterfeiters 

7.  To  establish  post-offices  and  post-roads :  fo  establish 

8.  To  promote  the  progress  of  science  and  useful  arts,  post-offices, 
by  securing,  for  limited  times,  to  authors  and  inventors,  &IC- 

the  exclusive  right  to  their  respective  writings  and  dis-  To  promote 
coveries :  science,  &c. 

9.  To  constitute  tribunals   inferior  to  the  supreme  TO  constitute 
court :  To  define  and  punish  piracies  and  felonies  com-  inferior  tribu- 
mitted  on  the  high  seas,  and  offences  against  the  law  of  nals' tc- 
nations : 

10.  To  declare  war,  grant  letters  of  marque  and  re-  To  declare 
prisal,  and  make  rules  concerning  captures  on  land  and  war> 
water : 

1 1 .  To  raise  and  support  armies ;  but  no  appropria-  To  raise  ar- 
tion  of  money  to  that  use,  shall  be  for  a  longer  term  than  mies- 

two  years:   -  To  provide  a 

12.  1  o  provide  and  maintain  a  navy :  navy: 

13.  To  make  rules  for  the  government  and  regulation  To  make  rule* 
•!  the  land  and  naval  forces : 

14.  To  provide  for  calling  forth  the  militia  to  execute  v\- 

4 


10  CONSTITUTION    OF   THE    UNITED    STATES. 

To  provide  for  the  laws  of  the  union,  suppress  insurrections,  and  repel 

calling  forth       ;nvasions. 
the  militia. 

15.  To  provide  for  organizing,  arming  and  disciplining 

e*  the  militia,  and  for  governing  such  part  of  them  as  may 
militia,  &,c.        be  employed  in  the  service  of  the  United  States,  reserv- 
ing to  the  states,  respectively,   the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia,  accord- 
ing to  the  discipline  prescribed  by  congress  : 

To  exercise  jg.  TO  exercise  exclusive  legislation,  in  all  cases  what- 

risdiction  over  s°ever,  over  such  district  (not  exceeding  ten  miles  square) 

a  territorial       as  may,  by  cession  of  particular  states,  and  the  accept- 

itrictcot        ance   of  congress,  become  the   seat  of   government  of 

miles  square.     the  United  States,  and  to  exercise  like  authority  over  all 

places  purchased  by  the  consent  of  the  legislature  of  the 

state  in  which  the  same  shall  be,  for  the  erection  of  forts, 

magazines,  arsenals,  dock  yards,  and  other  needful  build- 

ings :  —  And 

lawsTecessa"  1?>  T°  m&ke  a!]  1&WS  which  sha11  ^  necessarj  an<* 
to  the  execu-  proper,  for  carrying  into  execution  the  foregoing  pow- 
tion  of  their  ers,  and  all  other  powers  vested  by  this  constitution,  ia 
powers.  tjie  government  of  the  United  States,  or  in  any  depart. 

ment  or  officer  thereof. 

SECTION  9. 

o[      *•  The  migration  or  importation  of  such  person  as 
not  to  be  pro-  any  of  the  states,  now  existing,  shall  think  proper  to  ad- 

8rl180BUlt|l>fr  mit'  Sha11  not  be  prohibited  by  the  congress,  prior  to  the 
year  one  thousand  eight  hundred  and  eight  ;  but  a  tax  or 
duty  may  be  imposed  on  such  importation,  not  exceed- 

The  writ  of      *n^>  ten  ^°^ars  ^or  €acn  person. 

habeas  corpus        2-  The  privilege  of  the  writ  of  habeas  corpus  shall  not 

recognized,       be  suspended,  unless  when,  in  cases  of  rebellion  or  inva- 


s  of  at-  sion'  *e  PU^UC,  safety  may  require  »*• 

tainder,  or  ex  3.  JNo  bill  of  attainder,  or  ex  post  facto  law,  shall  be 
post  facto  passed. 

Direct  taxes  4*.  No  capitation,  or  other  direct  tax  shall  be  laid,  un- 
according  to  ^ess  »n  proportion  to  the  census  or  enumeration  hereia 
census.  before  directed  to  be  taken. 

du°ty"Pnor  5*  No  tax  or  dutj  sna11  be  laid  on  articles  exported 

preference  of  from  any  state.  No  preference  shall  be  given,  by  any 
aUothSerteiat0  reSulation  of  commerce  or  revenue,  to  the  ports  of  one 
commerce.  state  over  those  of  another  ;  nor  shall  vessels  bound  to 

or  from  one  state,  be  obliged  to  enter,  clear,  or  pay  du- 

ties in  another. 


epby  •  N°  money  sha11  be  drawn  from  the  treasury,  but 
legal  appro-  m  consequence  of  appropriations  made  by  law  ;  and  a 
priatioa  only,  regular  statement  and  account  of  the  receipts  and  ex- 

penditures of  all  public  money,  shall  be  published  from 

time  to  time. 


CONSTITUTION   OP   THE    UNITED    STATES.  11 

7.  No  title  of  nobility  shall  be  granted  by  the  United  No  titles  of  no- 
States  ;  and  no  person  holding  any  office  of  profit  or  conferred  b^ 
trust  under  them,  shall,  without  the  consent  of  the  con-  the  United 
gress,  accept  of  any  present,  emolument,  office,  or  title  States ;  nor 
of  any  kind  whatever,  from  any  king,  prince,  or  foreign  "",!'»  p^ers 

State.  sents,fcc. 

[See     amend- 
SECTION"    10.  ments,  art.  13.] 

1.  No  state  shall  enter  into  any  treaty,  alliance,  or  drawn' from'" 
confederation ;  grant  letters  of  marque  and  reprisal ;  coin  the  states  indi- 
money ;  emit  bills  of  credit ;  make  any  thing  but  gold  virtually, 
and  silver  coin  a  tender  in  payment  of  debts ;   pass  any 

bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts  ;  or  grant  any  title  of  nobility. 

2.  No  state  shall,  without  the  consent  of  the  congress,  Jh°"Ses*anh 
lay  any  imposts  or  duties  on  imports  or  exports,  except  exercise  only 
what  may  be  absolutely  necessary  for  executing  its  in-  under  the 
spection  laws  ;  and  the  net  produce  of  all  duties  and  im-  congress 
ports  laid  by  any  state  on  imports  or  exports,  shall  be  for 

the  use  of  the  treasury  of  the  United  States ;  and  all 
such  laws  shall  be  subject  to  the  revision  and  control  of 
the  congress.  No  state  shall,  without  the  consent  of  con- 
gress, lay  any  duty  of  tonnage,  keep  troops  or  ships  of 
war,  in  time  of  peace,  enter  into  any  agreement  or  com- 
pact with  another  state,  or  with  a  foreign  power,  or  en- 
gage in  war,  unless  actually  invaded,  or  in  such  immi- 
nent danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

SECTION    1. 

1 .  The  executive  power  shall  be  vested  in  a  presi-  Executive 
dent  of  the  United  States  of  America.     He  shall  hold 

his  office  during  the  term  of  four  years,  and,   together  &ca 
with  the  vice-president,  chosen  for  the  same  term,  be 
elected  as  follows : 

2.  Each  state  shall  appoint,  in  such  manner  as  the  le-  Elec.tors  °f 
gislature  thereof  may  direct,  a  number  of  electors,  equal  vke-president, 
to  the  whole  number  of  senators  and  representatives  to  &c. 

which  the  state  may  be  entitled  in  the  congress :  but  no 
•senator  or  representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  United  States,  shall  be  appoint- 
ed an  elector. 

3.  [Annulled.     See  Amendments,  art.  12.] 

4.  The  congress  may  determine  the  time  of  choosing 

the  electors,  and  the  day  on  which  they  shall  give  their  timeofchoos- 
votes  ;  which  day  shall  be  the  same  throughout  the  Uni-  ing  electors  of 
ted  States.  president,  &c. 


The  president 
to   be   natural 
born,  or  a  citi 
zen  in  1798  ; 
aged  35  ;    and 
14  years  a  re- 
sident of  the 
United  States. 

In  case  of  va- 
cancy in  the 
office  of  presi- 
dent, the  vice- 
yresident  to 
act,  fcc. 


Compensation 

of  the  presi- 
dent. 


The  president 
to  take  an 
oath. 

Form  of  the 
oath. 


CONSTITUTION   OF    THE    UNITED    STATES. 

5.  No  person,  except  a  natural  born  citizen,  or  a  cit- 
izen  of  the  United  States,  at  the  time  of  the  adoption  of 
this  constitution,  shall  be  eligible  to  the  office  of  presi- 
dent ;  neither  shall  any  person  be  eligible  to  that  office, 
who  shall  not  have   attained  to   the  age  of  thirty-five 
years,  and  been  fourteen  years  a  resident  within  the  Uni- 
ted States. 

6.  In  case  of  the  removal  of  the  president  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  de- 
volve on  the  vice-president ;  and  the  congress  may,  by 
law,  provide  for  the  case  of  removal,  death,  resignation, 
or  inability,  both  of  the  president  and  vice-president,  de- 
claring what  officer  shall  then  act  as  president,  and  such 
officer  shall  act  accordingly,  until  the  disability  be  re- 
moved, or  a  president  shall  be  elected. 

7.  The  president  shall,  at  stated  times,  receive,  for  his 
services,  a  compensation,  which  shall  neither  be  increas- 
ed nor  diminished  during  the  period  for  which  he  shall 
have  been  elected  ;  and  he  shall  not  receive,  within  that 
period,  any  other  emolument  from  the  United  States,  or 
any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation  : 

9.  "  I  do  solemnly  swear  [or  affirm]  that  I  will  faith- 
fully execute  the  office  of  president  of  the  United  States, 
and  will,  to  the  best  of  my  ability,  preserve,  protect,  and 
defend  the  constitution  of  the  United  States." 


SECTION  2. 

His  powers.  1.  The  president  shall  be    commander   in  chief  of 

the  army  and  navy  of  the  United  States,  and  of  the 
militia  of  the  several  states,  when  called  into  the  actual 
service  of  the  United  States  ;  he  may  require  the  opin- 
ion in  writing,  of  the  principal  officer  in  each  of  the  ex- 
executive  departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices ;  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offences  against 
the  United  States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  senate,  to  make  treaties,  provided  two 
thirds  of  the  senators  present,  concur ;  and  he  shall  no- 
minate, and  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint,  ambassadors,  otherpublic  ministers, 
id  consuls,  judges  of  the  supreme  court,  and  all  other 
•fficers  of  the  United  States,  whose  appointments  are 
??rf lr\  ?therwise  provided  for,  and  which  shall  be 
stabhshed  by  law.     But  the  congress  may,  by  law,  vest 
e  appointment  of  such  inferior  officers  as  they  think 


CONSTITUTION    OP    THE    UNITED    STATES.  13 

proper,  in  the  president  alone,  in  the  courts  of  law.  or  in 
the  heads  of  departments. 

3.  The  president  shall  have  power,  to  fill  up  all  vacan- 
cies that  may  happen  during  the  recess  of  the  senate,  by 
granting  commissions  which  shall  expire  at  the  end  of 
their  next  session. 

SECTION  3. 

1.  He  shall,  from  time  to  time,  give  to  the  congress.  His  duties, 
information  of  the  state  of  the  union,  and  recommend  to 
their  consideration,  such  measures  as  he  shall  judge  ne- 
cessary and  expedient ;  he  may,  on  extraordinary  occa- 
sions, convene  both  houses,  or  either  of  them,  and  in  case 
of  disagreement  between  them,  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper  ;  he  shall  receive  ambassadors,  and 
other  public  ministers  5  he  shall  take  care  that  the  laws 
be  faithfully  executed ;  and  shall  commission  all  the  offi- 
cers of  the  United  States. 

SECTION  4. 

1.  The  president,  vice-president,  and  all  civil  officers  President,  &c. 
/.  ,1       TT    •  I/-/Y-  removeable  on 

of  the  United  States,  shall  be  removed  irom  onice  on  impeacbment 

impeachment  for,  and  conviction  of,  treason,  bribery,  or  and  conviction, 
other  high  crimes  and  misdemeanors. 

ARTICLE  III. 

SECTION  1. 

1.  The  judicial  power  of  the  United  States  shall  be  Judicial  pow- 
vested  in  one  supreme  court,  and  in  such  inferior  courts  ers  vested  in  u 
as  the  congress  may  from  time  to  time,  ordain  and  estab-  ^£" 
lish.      The  judges,  both  of  the  supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behaviour,  and  Jhud-gesJ°  ^old 
shall,  at  stated  times,  receive,  for  their  services,  a  com-  during  good 
pensation,  which  shall  not  be  diminished  during  their  behavior,  &c. 
continuance  in  office. 

SECTION  2. 

1.  The  judicial  power  shall  extend  to  all  cases  in  law  Extent  of  the 
and  equity,  arising  under  this  constitution,  the  laws  of  judicial  power 
the  United  States,  and  treaties  made,  or  which  shall  be 
made,  under  their  authority ;  to  all  cas«s  affecting  am- 
bassadors, other  public  ministers  and  consuls  ;    to   all 
cases  of  admiralty  and  maritime  jurisdiction ;   to  con- 
troversies to  which  the  United  States  shall  be  a  party  ; 
to  controversies  between  two  or  more  states,  between  a 
state  and  citizens  of  another  state,  between  citizens  of 
different  states,  between  citizens  of  the  same  state  claim- 


14  CONSTITUTION   OF    THE    UNITED    STATES. 

[*See  a  restric-  ing  lands  under  grants  of  different  states,  and  between 
won  of  this  ro 


a 


pro     t  t    or  t^e  citizens  thereof,  and  foreign  states,  citizens, 

-  ~ 

SUb-ects.* 

2.  In  all  cases  affecting  ambassadors,  other   public 


vision,  amend-      ,  ~ 

merits,  art.  11.]  or  SUb-ects.* 


,  ministers  and  consuls,  and  those  in  which  a  state  shall  be 
"  juris-  a  party,  the  supreme  court  shall  have  original  jurisdic- 
diction  of  the  tion.  '  In  all  the  other  cases  before  mentioned,  the  su- 
supreme  court.  preme  court  shall  have  appellate  jurisdiction,  both  as  to 

law  and  fact,  with  such  exceptions,  and  under  such  regu- 

lations as  the  congress  shall  make. 

Trial  of  crimes  3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
to  be  by  jury,  ment,  shall  be  by  jury  ;  and  such  trial  shall  beheld  in 
8101  the  state  where  the  said  crimes  shall  have  been  commit- 

ted ;  but  when  not  committed  within  any  state,  the  trial 

shall  be  at  such  place  or  places  as  the  congress  may  by 

law  have  directed. 

SECTION  3r 

Definition  of  i  .  Treason  against  the  United  States,  shall  consist 
only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  No  person  shall 
be  convicted  of  treason,  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  confession  in  open 


Congress  to  de- 

clare  the  pun-  2.  The  congress  shall  have  power  to  declare  the  pun- 
ishment of  trea-  ishment  of  treason  ;  but  no  attainder  of  treason  shall 
on'  c'  work  corruption  of  blood,  or  forfeiture,  except  during 

the  life  of  the  person  attainted. 

ARTICLE  IV. 

SECTION  1. 

given  in  one          *•  Full  faith  and  credit  shall  be  given,  in  each  state,  t© 

state  to  the        the  public  acts,  records,  and  judicial  proceedings  of  every 

of  another'  &c  otner  state.     And  the  congress  may,  by  general   laws, 

prescribe  the  manner  in  which  such  acts,  records,  and 

proceedings,  shall  be  proved,  and  the  effect  thereof. 

Reciprocity  of  SECTION  2. 

fhrounho'uPt  the  '  '  The  citizcns  of  each  state  sha11  *>e  entitled  to  all 
stated  *  'e  privileges  and  immunities  of  citizens  in  the  several  states. 
Criminals  fly-  2.  A  person  charged  in  any  state  with  treason,  felony. 
•bteToanoth-  orothercrime>  who  sha11  flee  from  justice,  and  be  found 
er,  to  be  deiiv-  m  an°ther  state,  shall,  on  demand  of  the  executive  au- 
ered  up,  on  de-  thority  of  the  state  from  which  he  fled,  be  delivered  up, 
nmnd.  to  be  removed  to  the  state  having  jurisdiction  of  the 

crime. 

3.  No  person  held  to  service  or  labor  in  one  state,  un- 

4er  the  laws  thereof,  escaping  into  another,  shall,  in  con- 


CONSTITUTION    OF   THE    UNITED    STATES.  15 

Runaway 

sequence  of  any  law  or  regulation  therein,  be  discharged  *laves>  &c>  ,to 
from  such  service  or  labor  ;  but  shall  be  delivered  up,  on  u*  c ' 
claim  of  the  party  to  whom  such  service  or  labor  may 
be  due. 

SECTION  3. 

1 .  New  states  may  be  admitted  by  the  congress  into  New  states 
this  union  ;  but  no  new  state  shall  be  formed  or  erected  "^j^ytJ 
within  the  jurisdiction  of  any  other  state,  nor  any  state  the  union,  Sic. 
be  formed  by  the  junction  of  two  or  more  states,  or  parts 

of  states,  without  the  consent  of  the  legislatures  of  the 
states  concerned,  as  well  as  of  the  congress. 

2.  The  congress  shall  have  power  to  dispose  of,  and  Congress  to 
make  all  needful  rules  and  regulations  respecting  the  Q*™  territory 
territory    or   other    property  belonging  to  the   United  &.c.    Claims  of/ 
States ;  and  nothing  in  this  constitution  shall  be  so  con-  the  states,  itc. 
strued  as  to  prejudice  any  claims  of  the  United  States,  or  j^jjgj  e  pre 
of  any  particular  state. 

SECTION  4. 

1 .  The  United  States  shall  guarantee  to  every  state  in  Republican 
this  union  a  republican  form  of  government,  and  shall  y^rr'nll^gnf0" 
protect  each  of  them  against  invasion ;  and,  on  applica-  guaranteed  to 
tion  of  the  legislature,  or  of  the  executive,  (when  the  «»«h  state,  &c, 
legislature  cannot  be  convened,)   against  domestic  vio- 
lence. 

ARTICLE  V. 

1 .  The  congress,  whenever  two-thirds  of  both  houses  Mode  of 
shall  deem  it  necessary,  shall  propose  amendments  to 
this  constitution;  or,  on  the  application,  of  the  legislatures 
of  two-thirds  of  the  several  states,  shall  call  a  convention 
for  proposing  amendments,  which,  in  either  case,  shall 
be  valid,  to  all  intents  and  purposes,  as  part  of  this  con- 
stitution, when  ratified  by  the  legislatures  of  three-fourths 
of  the  several  states,  or  by  conventions  in  three-fourths 
thereof,  as  the  one  or  the  other  mode  of  ratification  may 
be  proposed  by  the  congress  ;  provided,  that  no  amend- 
ment, which  may  be  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight,  shall,  in  any  manner,  affect  the 
first  and  fourth  clauses  in  the  ninth  section  of  the  first  ar-  [*  See  ante, 
ticle  :  and  that  no  state,  without  its  consent,  shall  be  de-  a[t-  *'  *??' 3} 
prived  of  its  equal  suffrage  in  the  senate.* 

ARTICLE  VI. 

Assumption  of 

1.    All  debts  contracted  and  engagements  entered  u^eVufe11"'^ 
into,  before  the  adoption  of  this  constitution,  shall  be  as  confederation 


CONSTITUTION    OF    THE    UNITED    STATES. 


Tim  constitu- 
tion, acts  of 
congress,   and 
treaties,  the 
supreme  law, 
£,c.     The  state 
judges  hound 
thereby. 

Senators,  re- 
presentatives, 
&c.  bound  by 
oath,  or  affir- 
mation, to  sup- 
port this  con- 
stitution. 

No  reliious 


Ratification  ot 
nine  states 
•sufficient,  &ic. 


valid  against  the  United  States  under  this  constitution,  as 
under  the  confederation. 

2«  This  constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  trea- 
ties made,  or  which  shall  be  made,  under  the  authority 
of  the  United  States,  shall  be  the  supreme  law  of  the- 
land  ;  and  the  judges  in  every  state  shall  be  bound  there- 
by ;  any  thing  in  the  constitution,  or  laws  of  any  state, 
to  the  contrary  notwithstanding. 

3.  The  senators  and  representatives  before  mention- 
ed, and  the  members  of  the  several  state  legislatures, 
and  all  executive  and  judicial  officers,  both  of  the  Uni- 
ted States  and  of  the  several  states,  shall  be  bound  by 
oath  or  affirmation,  to  support  this  constitution  :  but  no 
religious  test  shall  ever  be  required  as  a  qualification  to 
any  office,  or  public  trust,  under  the  United  States. 

ARTICLE  VII. 

1 .  The  ratification  of  the  conventions  of  nine  states 
shall  be  sufficient  for  the  establishment  of  this  constitu- 
tion between  the  states  so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous  consent  of  the 
states  present,  the  seventeenth  day  of  September, 
in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  eighty-seven,  and  of  the  independence  of  the 
United  States  of  America,  the  twelfth.  In  wit- 
ness whereof,  we  have  hereunto  subscribed  our 
names. 

GEORGE  WASHINGTON, 
President  and  deputy  from  Virginia. 


NEW-HAMPSHIRE. 

John  Langdon, 
Nicholas  Gilmaa. 

MASSACHUSETTS. 

Nathaniel  Gorham, 
Rufus  King. 

CONNECTICUT. 

William  Sam'l  Johnson, 
Roger  Sherman, 

NEW-YORK. 
Alexander  Hamilton. 

NEW-JERSEY. 

William  Livingston, 
David  Brearly, 
William  Patterson, 
Jonathan  Dayton. 

PENNSYLVANIA. 

Benjamin  Franklin, 


Thomas  Mifflin, 
Robert  Morris, 
George  Clymer, 
Thomas  Fitzsimons, 
Jared  Ingersoll, 
James  Wilson, 
Goverueur  Morris, 

DELAWARE, 

George  Read, 
Cunning  Bedford,  jun, 
John  Dickinson, 
Richard  Bassett, 
Jacob  Broom. 

MARYLAND, 

James  M'Henry, 

Daniel  of  St.  Tho.  Jenifer, 

Daniel  Carrol), 


AMENDMENTS    TO    THE    CONSTITUTION,  17 

VIRGIN*!  A.  SOUTH-CAHOLI.VA. 

John  Blair,  John  Rutlcdge, 

James  Madison,  jun.      Charles  Cotesworth  Pinckney. 

NORTH-CAROLINA.  Charles  Pinckncy, 

William  Blount,  Pierce  Butler. 

Richard  Dobbs  Spaight,  GEORGIA. 

Hugh  Williamson.          William  Few, 

Abraham  Baldwin. 
Attest.  WILLIAM  JACKSON,  Secretary. 


AMENDMENTS  TO  THE  CONSTITUTION. 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establish-  Congress  prohv 

ment  of  religion,  or  prohibiting  the  free  exercise  thereof:  bitedfrom  '"• 

i    •  i   •       ii       e       3  c  i  r  ii  terfenne  with 

or  abridging  the  treedom  ol  speech,  or  01  the  press ;  or  re|igj0n,  with 

the  right  of  the  people  peaceably  to  assemble,  and  to  pe-  freedom  of 

tition  the  government  for  a  redress  of  grievances.  speech,  of  the 

press,  and  toe 

ARTICLE  II.  S10^" 

A  well  regulated  militia  being  necessary  to  the  securi-  Right  of  the 
ty  of  a  free  state,  the  right  of  the  people  to  keep  and  bear  people  to  keep 
arms  shall  not  be  infringed.  ™d  bear  ****; 

ARTICLE  III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  No  soldier  to  be 
house,  without  the  consent  of  the  owner  :  nor  in  time  of  quartered  in 
war,  but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE   IV. 

The  right  of  the  people  to  be  secure  in  their  persons,  No  search-war- 
houses,  papers,  and  effects,  against  unreasonable  searches  rant  to  issue,  ex- 
and  seizures,  shall  not  be  violated  ;  and  no  warrants  shall  bte'cause^oatb" 
issue,  but  upon  probable  cause,  supported  by  oath  or  af-  fcc. 
firmation,  and  particularly  describing  the   place  to  be 
searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital,  or  „ 
,,         r        .    ,,  .  JNo  person  to 

otherwise   mlamous  crime,  unless  on  a  presentment  or  be  held  to  an- 

indictment  of  a  grand  jury,  except  in  cases  arising  in  the  swer  for  a 
land  or  naval  forces,  or  in  the  militia,  when  in  actual  ser-  °'nim ^g"^.83 
vice,  in  time  of  war  or  public  danger;  nor  shall  any  ment,  &c.  ex.- 
person  be  subject,  for  the  same  offence,  to  be  twice  put  cept  in  the 
in  jeopardy  of  life  or  limb  ;  nor  shall  be  compelled  in  any  force^nm-To1 
criminal  case,  to  be  a  witness  against  himself,  nor  be  de-  answer  for  tte 

5 


18  AMENDMENTS    TO    THE    CONSTITUTION. 

same  offence     prived  of  life,  liberty,  or  property,  without  due  proces? 

twice,  &c.         Qf  jaw  .  nor  shaij  private  property  be  taken  for  public 

use,  without  just  compensation.   <;•»'./   £^~-  .  (A*<f-^f-ka  • 

ARTICLE  VI. 

Assurance  of  In  H^  criminal  prosecutions,  the  accused  shall  enjoy 
apeedy  and  the  right  to  a  speedy  and  public  trial,  by  an  impartial 
public  (rial  by  •  f  tj  t  t  an(j  District  wherein  the  crime  shall 

jury  oic.  in         ^      ** 

crim'inal  prose-  have  been  committed,  which  district  shall  have  been  pre- 
cntions.  viously  ascertained  by  law,  and  to  be  informed  of  the 

nature  and  cause  of  the  accusation  ;  to  be  confronted 
with  the  witnesses  against  him  ;  to  have  compulsory 
process  for  obtaining  witnesses  in  his  favor  ;  and  to  have 
the  assistance  of  counsel  for  his  defence. 

ARTICLE  VII. 

ill  lit  f  '  1  ^n  su^s  a^  common  law?  where  the  value  in  controver- 
bybjury  in  suits  sy  shall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
at  common  shall  be  preserved  ;  and  no  fact  tried  by  a  jury  shall  be 
v7ueaof°20dol-  otherwise  re-examined  in  any  court  of  the  United  States. 
lars,fcc.  "  than  according  to  the  rules  of  the  common  law. 

ARTICLE  VIII. 

Excessive  bail      Excessive  bail  shall  not  be  required,  nor  excessive  tines 
*11    imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX. 

The  enumeration  in  the  constitution  of  certain  rights. 
Rights  enumer-  shall  not  be  construed  to  deny  or  disparage  others  retain- 


ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the 
Powers  not  del-  constitution,  nor  prohibited  by  it  to  the  states,  are  re- 
rls^rved  to  Uic  sewed  to  the  states  respectively,  or  to  the  people. 

states  01  people. 

ARTICLE  XI. 

jS=u  powels.  Thc  ,iudicial  power  of  the  United  States  shall  not  be 
\  ante,  art.  construed  to  extend  to  any  suit  in  law  or  equity,  com- 
3  -C.  2.  clause  rnenced  or  prosecuted  against  one  of  the  United  States, 

by  citizfchs  of  another  state,  or  by  citizen^  or  subjects  of 

any  foreign  state. 

ARTICLE  XII. 

Actual  mode  of 

electing  the  1.    1  he  electors  shall  meet  in  their  respective  states, 

v[re'd)r.ntidp  d  an<^  V°te  ^  ^a'lot  f°r  president  and  vice-president,  one 
of  the  United  of  whom,  at  least  shall  not  be  an  inhabitant  of  the  same 
States.  state  with  themselves;  they  shall  name  in  their  ballots 


AMENDMENTS    TO    THE    CONSTITUTION.  l 

the  person  voted  for  as  president,  and  in  distinct  ballots 
ihe  person  voted  for  as  vice-president ;  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  presi- 
dent, and  of  all  persons  voted  for  as  vice-president,  and 
of  the  number  of  votes  for  each,  which  lists  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the 
government  of  the  United  States,  directed  to  the  presi- 
dent of  the  senate;  the  president  of  thesenate  shall,  in  the 
presence  of  the  senate  and  house  of  representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted  : 
the  person  having  the  greatest  number  of  votes  for  pres- 
ident, shall  be  the  president,  if  such  number  be  a  major- 
ity of  the  whole  number  of  electors  appointed  ;  and  if  no 
person  have  such  majority,  then  from  the  persons  hav- 
ing the  highest  numbers,  not  exceeding  three,  on  the  list 
of  those  voted  for  as  president,  the  house  of  representa- 
tives shall  choose  immediately,  by  ballot,  the  president. 
But  in  choosing  the  president,  the  votes  shall  be  taken 
by  states,  the  representation  from  each  state  having  one 
vote  :  a  quorum  for  this  purpose  shall  consist  of  a  mem- 
ber or  members  from  two  thirds  of  the  states,  and  a 
majority  of  all  the  states,  shall  be  necessary  to  a  choice. 
And  if  the  house  of  representatives  shall  not  choose  a 
president,  whenever  the  right  of  choice  shall  devolve  up- 
on them,  before  the  fourth  day  of  March  next  following, 
then  the  vice-president  shall  act  as  president,  as  in  the 
case  of  the  death,  or  other  constitutional  disability,  of  the 
president. 

2.  The  person  having  the  greatest  number  of  votes  as 
vice-president,  shall  be  the  vice-president,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  electors  ap- 
pointed :  and  if  no  person  have  a  majority,  then  from  the 
two  highest  numbers  on  the  list,  the  senate  shall  choose 
the  vice-president :  a  quorum  for  the  purpose  shall  con- 
sist of  two-thirds  of  the  whole  number  of  senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a 
choice. 

3.  But  no  person  constitutionally  ineligible  to  the  of- 
fice of  president,  shall  be  eligible  to  that  of  vice-presi- 
dent of  the  United  States. 

ARTICLE  XIII. 

If  any  citizen  of  the  United  States  shall  accept,  claim,  Citizenship. 

receive,  or  retain  anv  title  of  nobility  or  honor,  or  shall,  |°rftlted  \y 
'  ,  •  .  *  ,  •      .  the  accept- 

without  the  consent  oi  congress,  accept  and  retain  any  ance.  f,.om  a 

present,  pension,  office,  or  emolument  of  any  kind  what-  foreign  power, 
.H-er,  from  any  emperor,  king,  prince,  or  foreign  power,  jJjJjjjl^Jij! 
such  person  shall  cease  to  be  a  citizen  of  the  United  OP  emolument 
States,  and  shall  be  incapable  of  holding  any  office  of  of  any   kind, 
trust  or  profit  under  them,  or  either  of  them. 


CONSTITUTION  OF  CONNECTICUT. 


Equality  of 


form  of%ov.P 
eminent 

Religious  pro- 


Limitation. 


No  preference 
to  he  given  by 


Right  to  freely 


sentiments. 
Liberty  of 


to  be  restrain- 


Right  of  the 
Jury. 


PREAMBLE. 

THE  people  of  Connecticut,  acknowledging,  with 
gratitude,  the  good  providence  of  God,  in  having  per- 
mitted them  to  enjoy  a  free  government,  do,  in  "order 
more  effectually  to  define,  secure,  and  perpetuate  the 
.liberties,  rights  and  privileges,  which  they  have  derived 
from  their  ancestors,  hereby,  after  a  careful  considera- 
tion and  revision,  ordain  and  establish  the  following 
Constitution,  and  form  of  civil  government. 

ARTICLE  I. 

DECLARATION    OF    RIGHTS. 

That  the  great  and  essential  principles  of  liberty  and 
free  government  may  be  recognized  and  established, 
WE  DECLARE, 

SECT.  j  .  That  aj]  men?  when  they  form  &  ^.^  ^^ 
pact,  are  equal  m  rights  ;  and  that  no  man,  or  set  of  men, 
are  entitled  to  exclusive  public  emoluments,  or  privile- 
ges, from  the  community. 

SE?T-  Z'^  a11  Political  frower  is  inherent  in  the 
people,  and  all  free  governments  are  founded  on  their 
authority,  and  instituted  for  their  benefit  ;  and  that  they 
hav?'  at  all.times'  an  undeniable  and  indefeasible  right 
to  alter  their  form  of  government,  in  such  a  manner  as 
they  may  think  expedient. 

SECT.  3.  The  exercise  and  enjoyment  of  religious 
profession  and  worship,  without  discrimination,  'shall 
forever  be  free  to  all  persons  in  this  state  ;  provided  that 
the  right  hereby  declared  and  established,  shall  not  be  so 
construed  as  to  excuse  acts  of  licentiousness,  or  to  justify 
practices  inconsistent  with  the  peace  and  safety  of  the 
state. 

,  S.EC.T*  4<  No  preference  shall  be  given  by  law  to  any 
Christian  sect  or  mode  of  worship. 

w-TJ?-  EvCry  dtizen  ***  freely  speak,  write  and 
Pubf  h  his  sentiments  on  all  subjects,  being  responsible 
w  the  abuse  of  that  liberty. 

r'J;  G;,N°  lawrsha11  fer  be  Passed  to  cu>^  or  re- 
stram  the  1)beny  of  speech  or  of  the  press. 

S  CT?*       i*11  Prosecutions  or  indictments  for  libels, 
f,        aj  fbe  |lven  in  ^idence  ,  and  the  jury  shall 
the  right  to  determine  the  law  and  the  facts,  under 
the  direction  of  the  court. 


CONSTITUTION   OF   CONNECTICUT.  21 

SECT.  8.  The  people  shall  be  secure  in  their  persons,  Security  from 
houses,  papers  and  possessions  from  unreasonable  search-  spf/ure" 
es  or  seizures  ;  and  no  warrant  to  search  any  place,   or  Restriction  as 
to  seize  any  person  or  things,  shall  issue,  without  describ-  to  search  war*- 
ing  them  as  nearly  as  may  be,  nor  without  probable  ra 
cause,  supported  by  oath  or  affirmation. 

SECT.  9.    In  all   criminal  prosecutions,   the  accused  Rights  of  the 
shall  have  a  right  to  be  heard  by  himself,  and  by  counsel;  criminal 'pro- 
to  demand  the  nature  and  cause  of  the  accusation  ;  to  secutions. 
he  confronted  by  the  witnesses  against  him  ;    to  have 
compulsory  process  to  obtain  witnesses  in  his  favor;  and 
in  all  prosecutions  by  indictment  or  information,  a  speedy 
public  trial  by  an  impartial  jury.     He  shall  not  be  com- 
pelled to  give  evidence  against  himself,  nor  be  deprived 
of  life,  liberty  or  property,  but  by  due  course  of  law. 
And  no  person  shall  be  holden  to  answer  for  any  crime, 
the  punishment  of  which  may  be  death  or  imprisonment  Presentment 
for  life,  unless  on  a  presentment  or  an  indictment  of  a  grand  °    "when  ne- 
jury ;  except  in  the  land  or  naval  forces,  or  in  the  militia,  cessary. 
when  in  actual  service,  in  time  of  war,  or  public  danger. 

SECT.  10.  No  person  shall  be  arrested,  detained  or  Security  from 
punished,  except  in  cases  clearly  warranted  by  law. 

SECT.  11.  The  property  of  no  person  shall  be  taken  R'ghtofpri- 
for  public  use,  without  just  compensation  therefor. 

SECT.  12.  All  courts  shall  be  open,  and  every  person,  Right  of  re- 
for  an  injury  done  him  in  his  person,  property  or  repu-  jn7uSrie°r 
tation,  shall  have  remedy  by  due  course  of  law,   and 
right  and  justice  administered,  without  sale,  denial  or 
delay. 

SECT.  13.   Excessive  bail  shall  not  be  required,   nor  Excessive  bah 
<•         •  j  or  fines,  not  to 

excessive  fines  imposed.  be  reqn'ired 

SECT.  14.    All  prisoners  shall,  before  conviction,  be  p  . 
bailable,  by  sufficient  sureties,  except  for  capital  offences,  whatcase's"1 
where  the  proof  is  evident,  or  the  presumption  great ;  bailable, 
and  the  privileges  of  the  writ  of  habeas  corpus  shall  not  \vru  of  ha- 
be  suspended,  unless  when  in  case  of  rebellion  or  invasion,  beas  corpus 
the  public  safety  may  require  it ;  nor  in  any  case,  but  by 
the  legislature. 

SECT.  15.  No  person  shall  be  attainted  of  treason  or  No  attainder 
felony,  by  the  legislature.  of  treason  or 

SECT.  16.  The  citizens  have  a  right,  in  a  peaceable  Rjg^of  the 
manner,  to  assemble  for  their  common  good,  and  to  ap-  citizens  to 
ply  to  those  invested  with  the  powers  of  government,  assemble ;  and 
for  redress  of  grievances,  or  other  proper  purposes,  by  ^redress'of^ 
petition,  address  or  remonstrance.  grievances. 

SECT.  17.  Every  citizen  has  a  right  to  bear  arms  in  Right  to  bear 
defence  of  himself  and  the  state.  Subordination 

SECT.  18.  The  military  shall,  in  all  cases,  and  at  all  of  the  military 

times,  be  in  strict  subordination  to  the  civil  power.  to  the  civil 

power. 


Quartering  of 
soldiers. 


No  hereditary 
emoluments. 

Trial  by  jury. 


CONSTITUTION    OF    CONNECTICUT. 

SECT.  19.  No  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house,  without  the  consent  of  the  owner  ; 
nor  in  time  of  war,  but  in  a  manner  to  be  prescribed  by 
law. 

SECT.  20.  No  hereditary  emoluments,  privileges  or 
honors,  shall  ever  be  granted,  or  conferred,  in  this  state* 

SECT.  21.  The  right  of  trial  by  jury  shall  remain 
inviolate. 


ARTICLE  II. 

OF    THE    DISTRIBUTION    OF    POWERS. 

Distribution  The  powers  of  government  shall  be  divided  into  three 

of  powers.  distinct  departments,  and  each  of  them  confided  to  a 
separate  magistracy — to  wit — those  which  are  legisla- 
tive, to  one  ;  those  which  are  executive,  to  another . 
and  those  which  are  judicial,  to  another. 

ARTICLE  III. 


Legislative 
powers  vested 
in  two  houses. 

General  as- 
sembly. 


Stated  annual 
session. 


Special  ses- 
sion. 


A  different 
place  of  meet- 
ing, when,  and 
how,  to  be 
designated. 

House  of  Re- 
presentatives. 
Number  of 
representa- 
tives. 

Restriction  as 
to  new  towns. 


OF    THE    LEGISLATIVE     DEPARTiMENT. 

SECT.  1.  The  legislative  power  of  this  state  shall  be 
vested  in  two  distinct  houses  or  branches ;  the  one  to  be 
styled  THE  SENATE,  the  other  THE  HOUSE  OF  REPRE- 
SENTATIVES, and  both  together  THE  GENERAL  AS- 
SEMBLY. The  style  of  their  laws  shall  be,  Be  it 
enacted  by  the  Senate  and  House  of  Representatives,  in- 
General  Assembly  convened. 

SECT.  2.  There  shall  be  one  stated  session  of  the  gen- 
eral assembly,  to  beholden  in  each  year,  alternately 
at  Hartford  and  New-Haven,  on  the  first  Wednesday  of 
May,  and  at  such  other  times  as  the  general  assembly 
shall  judge  necessary;  the  first  session  to  be  holden  at 
Hartford  :  but  the  person  administering  the  office  of 
governor,  may,  on  special  emergencies,  convene  the 
general  assembly  at  either  of  said  places,  at  any  other 
time.  And  in  case  of  danger  from  the  prevalence  of 
contagious  diseases,  in  cither  of  said  places,  or  oilier 
circumstances,  the  person  administering  the  office  of 
governor  may,  by  proclamation,  convene  said  assembly 
at  any  other  place  in  this  state. 

SECT.  3.  The  house  of  representatives  shall  consist 
of  electors  residing  in  towns  from  which  they  are  elect- 
ed. The  number  of  representatives  from  each  town 
shall  be  the  same  as  at  present  practised  and  allowed. 
In  case  a  new  town  shall  hereafter  be  incorporated, 
such  new  town  shall  be  entitled  to  one  representative 


CONSTITUTION    OF    CONNECTICUT.  '23 

only  ;  and  if  such  new  town  shall  be  made  from  one  or  R»gbt  of  the 
more  towns,  the  town  or  towns  from  which  the  same  ^"^  {™£ 
shall  be  made,  shall  be  entitled  to  the  same  number  of  ones  are  made, 
representatives  as  at  present  allowed,  unless  the  num- 
ber shall  be  reduced  by  the  consent  of  such  town  or 
towns. 

SECT.  4.  The  senate  shall  consist  of  hvelve  members,  Senate- 
to  be  chosen  annually  by  the  electors. 

SECT.  5.  At  the  meeting  of  the  electors,  held  in  the  Electi0n  °* 

...  .,  11          A.  senators, 

several  towns  in  this  state,  m  April  annually,  alter  the 

election  of  representatives,  the  electors  present  shall  be 
called  upon  to  bring  in  their  written  ballots  for  senators. 
The  presiding  officer  shall  receive  the  votes  of  the  elect- 
ors, and  count  and  declare  them  in  open  meeting.  The 
presiding  officer  shall  also  make  duplicate  lists  of  the  per-  Dl|pl'cate  llsts~ 
sons  voted  for,  and  of  the  number  of  votes  for  each, 
which  shall  be  certified  by  the  presiding  officer  ;  one  of 
which  lists  shall  be  delivered  to  the  town  clerk,  and  the  votes.n 
other,  within  ten  days  after  said  meeting,  shall  be  deliv- 
ered, under  seal,  either  to  the  secretary,  or  to  the  sheriff 
of  the  county  in  which  said  town  is  situated  ;  which  list 
shall  be  directed  to  the  secretary,  with  a  superscription 
expressing  the  purport  of  the  contents  thereof.  And 
each  sheriff,  who  shall  receive  such  votes,  shall,  within 
fifteen  days  after  said  meeting,  deliver  them,  or  cause 
them  to  be  delivered,  to  the  secretary. 

SECT.  6.    The  treasurer,   secretary,   and  controller,  Canvass  ol 
for  the  time  being,  shall  canvass  the  votes  publicly.    The  votes- 
twelve  persons  having  the  greatest  number  of  votes  for  Declaration 
senators,  shall  be  declared  to  be  elected.     But  in  cases 
where  no  choice  is  made  by  the  electors,  in  consequence  Ecluallty  of 
of  an  equality  of  votes,  the  house   of  representatives 
shall  designate,  by  ballot,  which  of  the  candidates  having 
such  equal  number  of  votes,  shall  be   declared  to  be 
elected.     The  return  of  votes,  and  the  result  of  the  can- 
vass, shall  be  submitted  to  the  house  of  representatives,  Reilurn  of, 

ii  *i_     /•  •  A  j       •  •  •  fi  •  /•  votes,  and  re- 

and  also  to  the  senate,  on  the  first  day  ol  the  session  of  suit  to  be  sut»- 

the  general  assembly  ;  and  each  house  shall  be  the  final  mined  to  both 
judge  of  the  election  returns  and  qualifications  of  its  own  houses- 
members. 

SECT.  7.  The  house  of  representatives,  when  assem-  Officers, 
bled,  shall  choose  a  speaker,  clerk,  and  other  officers. 
The  senate  shall  choose  its  clerk,  and  other  officers,  ex- 
cept the  president.     A  majority  of  each  house  shall  con-  Quorum, 
stitute  a  quorum  to  do  business  ;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  compel  the  attendance  Po^frs  of  a 

r  J-i  ,  .*         ,   J  smaller  num- 

ot  absent  members,  in  such  manner,  and  under  such  pen-  ber. 

alties.  as  each  house  may  prescribe. 


24 


CONSTITUTION    OF  CONNECTICUT. 


Powers  of"  each 
house. 

Power  of  ex- 
pulsion limited. 


Journal. 


Teas  and  nays. 


Privilege   from 
arrest. 


Privilege  as  to 
speech  or  de- 
bate. 

Debates  to  be 
public.  Excep- 
tion. 


Governor. 

Term  of  office. 
Qualifications. 


Election  of 
governor. 

Duplicate  list?. 

Return  of 
votes. 


SECT.  3.  Each  house  shall  determine  the  rules  of  its' 
own  proceedings,  punish  members  for  disorderly  con- 
duct, and,  with  the  consent  of  two  thirds,  expel  a  mem- 
ber, but  not  a  second  time  for  the  same  cause  ;  and  shall 
have  all  other  powers  necessary  for  a  branch  of  the  legis- 
lature of  a  free  and  independent  state. 

SECT.  9.  Each  house  shall  keep  a  journal  of  its  pro- 
ceedings, and  publish  the  same,  when  required  by  one 
fifth  of  its  members,  except  such  parts  as,  in  the  judgment 
of  a  majority,  require  secrecy.  The  yeas  and  nays  of 
the  members  of  either  house  shall,  at  the  desire  of  one 
fifth  of  those  present,  be  entered  on  the  journals. 

SECT.  10.  The  senators  and  representatives  shall,  in 
all  cases  of  civil  process,  be  privileged  from  arrest, 
during  the  session  of  the  general  assembly,  and  for  four 
days  before  the  commencement,  and  after  the  termina- 
tion, of  any  session  thereof.  And  for  any  speech  or  de- 
bate in  either  house,  they  shall  not  be  questioned  in  any 
other  place. 

SECT.  11.  The  debates  of  each  house  shall  be  public, 
except  on  such  occasions  as,  in  the  opinion  of  the  house, 
may  require  secrecy. 

ARTICLE  IV. 

OF  THE  EXECUTIVE  DEPARTMENT. 

SECT.  1.  The  supreme  executive  power  of  the  state 
shall  be  vested  in  a  governor,  who  shall  be  chosen  by 
the  electors  of  the  state,  and  shall  hold  his  office  for  one. 
year  from  the  first  Wednesday  of  May  next  succeeding 
his  election,  and  until  his  successor  be  duly  qualified. 
No  person  who  is  not  an  elector  of  this  state,  and  who 
has  not  arrived  at  the  age  of  thirty  years,  shall  be 
eligible. 

SECT.  2.  At  the  meetings  of  the  electors  in  the  respec- 
tive towns,  in  the  month  of  April  in  each  year,  imme- 
diately after  the  election  of  senators,  the  presiding 
officers  shall  call  upon  the  electors  to  bring  in  their  bal- 
lots for  him  whom  they  would  elect  to  be  governor,  with 
his  name  fairly  written.  When  such  ballots  shall  have 
been  received  and  counted,  in  the  presence  of  the  elec- 
tors, duplicate  lists  of  the  persons  voted  for,  and  of  the 
number  of  votes  given  for  each,  shall  be  made  and  certi- 
fied, by  the  presiding  officer  ;  one  of  which  lists  shall  be 
deposited  in  the  office  of  the  town  clerk,  within  three 
days,  and  the  other,  within  ten  days,  after  said  election, 
shall  be  transmitted  to  the  secretary,  or  to  the  sheriff 
of  the  county,  in  which  such  election  shall  have  been 
held.  The  sheriff  receiving  said  votes  shall  deliver?  or 


CONSTITUTION    OF    CONNECTICUT.  25 

«cause  them  to  be  delivered  to  the  secretary,  within  fif- 
teen days  next  after  said  election.     The  votes  so  re- 
•iurned  shall  be  counted,  by  the  treasurer,  secretary  and  Canvass  of 
comptroller,  within  the  month  of  April.     A  fair  list  of  vot< 
the  persons,  and  number  of  votes  given  for  each,  togeth- 
er with  the  returns  of  the  presiding  officers,  shall  be,  by 
the  treasurer,  secretary  and  comptroller,  made  and  laid 
before  the  general   assembly,  then  next  to   be  holden, 
on  the  first  day  of  the  session  thereof;  and   said  assem- 
bly shall,  after  examination  of  the  same,  declare   the  Declaration, 
person  whom  they  shall  find  to  be  legally  chosen,  and 
give  him  notice  accordingly.     If  no  person  shall  have  a 
majority  of  the  whole  number  of  said  votes,  or  if  two 
or  more  shall  have  an  equal  and  the  greatest  number  of 
said  votes,  then  said  assembly,  on  the  second  day  of  Choice  by  gen> 

their  session,  bv  joint  ballot  of  both  houses,  shall  pro-  ?ral  assembly, 
,       .,,  /'v'  i  f.  v   .in  what  case, 

.ceed,  without  debate,  to   choose  a  governor  trom  a  list  ancj  jjOW  to  ^ 

of  the  names  of  the  two  persons  having  the  greatest  made, 
number  of  votes,  or  of  the  names  of  the  persons  having 
an  equal  and  highest  number  of  votes,  so  returned  as 
aforesaid.  The  general  assembly  shall,  by  law.  pre- 
scribe the  manner  in  which  all  questions  concerning  the 
election  of  a  governor,  or  lieutenant-governor,  shall  be 
•determined. 

SECT.  3.  At  the  annual  meetings  of  the  electors,  im- 
mediately after  the  election  of  governor,  there  shall  also 
he  chosen,  in  the  same  manner  as  is  herein  before  pro- 
vided for  the  election  of  governor,  a  lieutenant-governor,  £jeutenant, 
who  shall  continue  in  office  for  the  same  time,  and  pos-  governor. 
sess  the  same  qualifications. 

SECT.  4.  The  compensations  of  the  governor,  lieu-  Compensation 
tenant-governor,    senators,    and    representatives,  shall  £?cgov' 
be  established  by  law,  and  shall  not  be  varied  so  as  to 
take  effect  until  after  an  election,  which  shall  next  suc- 
ceed the  passage  of  the  law  establishing  said  compensa- 
tions. 

SECT.  5.  The  governor  shall  be  captain-general  of  the  captain-genen- 
militia  of  the  state,  except  when  called  into  the  service  al. 
of  the  United  States. 

SECT.  6.  He  may  require  information  in  writing  from  Governor  may 
the  officers  in  the  executive  department,  on  any  subject  require  infor- 
relating  to  the  duties  of  their  respective  offices.  mation,    c. 

SECT.  7.  The  governor,  in  case  of  a  disagreement  be-  Power  as  to  ad- 
tween  the  two  houses  of  the  general  assembly,  respecting  g^ne^a^assem- 
the  time  of  adjournment,  may  adjourn  them  to  such  time  bly. 
as  he  shall  think  proper,  not  beyond  the  day  of  the  next 
stated  session. 

SECT.  8.  He   shall,  from  time   to   time,  give  to  the  Duty^of  go- 
general  assembly,  information  of  the   state  of  the  gov- 

6 


2<5  CONSTITUTION    OF   CONNECTICUT. 

crnment,  and  recommend  to  their  consideration   such 
measures  as  he  shall  deem  expedient. 

SECT.  9.  He  shall  take  care  that  the  laws  be  faithfully 
executed. 

Power  to  grant  SECT.  10.  The  governor  shall  have  power  to  grant  r<>- 
reprieves.  prieves  after  conviction,  in  all  cases,  except  those  of  im- 
Exception.  peachment,  until  the  end  of  the  next  session  of  the  genera! 

assembly,  and  no  longer. 

„       .   .  SECT.  11.  All  commissions  shall  be  in  the   name,  and 

Commissions.  by  authority  of>  the  state  of  Connecticut ;  shall  be  seal- 
ed  with  the  state  seal,  signed  by  the  governor,  and  at- 
tested by  the  secretary. 

Power  and  duty      SECT'  12'  Evei7  bill,  which  shall  have  passed  both 
of  governor  in  houses  of  the  general  assembly,  shall  be  presented  to 
relation  to  bills,  the  governor.     If  he  approves,  he  shall  sign  and  trans- 
mit it  to  the  secretary  ;  but  if  not,  he  shall  return  it  to 
the  house  in  which  it  originated,  with  his  objections, 
which  shall  be  entered  on  the  journals  of  the  house  • 
bilu'reYu'S011  who  sha11  P™ceed  to  reconsider  the  hill.     If,  after  such 
by  the  govern-  reconsideration,  that  house  shall  again  pass  it,  it  shall 
be  sent,  with  the  objections,  to  the  other  house,  which 
shall  also  reconsider  it.     If  approved,  it  shall  become  a 
law.     But  in  such  cases,  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays ;  and  the  names  of  the 
members  voting  for  and  against  the  bill,  shall  be  enter- 
ed on  the  journals  of  each  house  respectively.     If  the 
bill  shall  not  be  returned,  by  the  governor,  within  three 
days,  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it ;  unless  the  general  assembly,  by 
their  adjournment,  prevents  its  return,  in  which  case  it 
shall  not  be  a  law. 

President  of  SECT.  1 3.  The  lieutenant-governor  shall,  by  virtue  of 

the  senate.        his  office,  be  president  of  the  senate,  and  have,  when  in 
committee  of  the  whole,  a  right  to  debate,  and  when  the 
senate  is  equally  divided,  to  give  the  casting  vote.  . 
In  what  cases,        SECT.  14.  In  case  of  the  death,  resignation,  refusal  to 
!he  «K!£!Jr0f  "6rve'  ?r  removal  from  office  of  the  governor,  or  of  his 
shall  devolve     lrnpeachment,  or  absence  from  the  state,  the  lieutenant- 
on  the  lieuten-  governor  shall   exercise  the  powers  and  authority  ap- 
pertaining to  the  office  of  governor,  until  another  be 
chosen  at  the  next  periodical  election  for  governor,  and 
be  duly  qualified ;  or  until  the  governor  impeached   ox- 
President  of      absent'  sha11  be  acquitted  or  return, 
the 'senate  pro       SECT'   15-   When  the  government  shall  be  administer- 
.-empore.  ed  by  the   lieutenant-governor,   or  he  shall  be  unable  to 

attend  as  president  of  the  senate,  the  senate  shall  elect; 
one  of  their  members,  as  president  pro  tempore.  And 
if,  during  the  vacancy  of  the  office  of  governor,  tfu- 


CONSTITUTION    OP    CONNECTICUT.  '27 

lieutenant-governor  shall  die,  resign,  refuse  to  serve, 
or  be  removed  from  office,  or  if  he  shall  he  impeached, 
or  absent  from  the  state,  the  president  of  the  senate  pro 
tempore,  shall,  in  like  manner,  administer  the  govern- 
ment, until  he  be  superceded,  by  a  governor,  or  lieuten- 
ant-governor. 

SECT.    16.    If  the    lieutenant-governor  shall  be  re-  in  what  case 
<juired  to  administer  the  government,  and  shall,  while  in  senate  to  be 
such  administration,  die  or  resign,  during  the  recess  of  choos"a  presi- 
the  general  assembly,  it  shall  be  the  duty  of  the  secreta-  dent  pro  tem- 
ry,  for  the   time  being,   to  convene  the  senate,  for  the  Pore- 
purpose  of  choosing  a  president  pro  te-npore. 

SECT.   17.  A  treasurer  shall  annually  be  chosen,  by 
the  electors,  at  their  meeting  in  April  ;  and  the   votes 
shall  be  returned,  counted,  canvassed,  and  declared,  in 
the  same   manner  as  is  provided   for  the   election   of  Canvass  of 
governor   and  lieutenant-governor;    but  the  votes   for  votes, 
treasurer  shall  be  canvassed  by  the  secretary  and  comp- 
troller only.     He  shall  receive  all  monies  belonging  to 
the  state,  and  disburse  the   same  only  as  he  may  be   di-  Dut   of  Trcas, 
rected  by  law.     He  shall   pay  no  warrant  or  order  for  urer. 
the  disbursement   of  public   money,   until  the  same  has 
been  registered  in  the  office  of  the  comptroller. 

SECT.   18.  A  secretary  shall  be  chosen  next  after  the  Secretary, 
treasurer,  and  in  the  same  manner ;  and  the  votes  for 
secretary  shall  be  returned  to,  and  counted,  canvassed  y^t"  g"ass 
and  declared  by  the   treasurer  and   comptroller.     He 
shall  have  the   safe  keeping  and  custody  of  the  public  %£*  ° 
records  and  documents,  and  particularly,  of  the  acts,  res- 
olutions and  orders  of  the  general  assembly,  and  record 
the  same  ;  and  perform   all   such  duties  as  shall  be  pre-  Keeper  of  the 
scribed  by  law.     He  shall  be   the  keeper  of  the  seal  of  seal, 
the  state,  which  shall  not  be  altered. 

SECT.  19.  A  comptroller  of  the  public  accounts  snail  Comptroller, 
be  annually  appointed,  by  the  general  assembly.  He 
shall  adjust  and  settle  all  public  accounts  and  demands,  His  dut}; 
except  grants  and  orders  of  ihe  general  assembly.  He 
shall  prescribe  the  mode  of  keeping  and  rendering  all 
public  accounts.  He  shall,  ex  ojficio,  be  one  of  the  au- 
ditors of  the  accounts  of  the  treasurer.  The  general 
assembly  may  assign  to  him  other  duties  in  relation  to 
his  office,  and  to  that  of  the  treasurer,  and  shall  pre- 
scribe the  manner  in  which  his  duties  shall  be  perform- 
ed. 

SECT.  20.  A  sheriff  shall  be  appointed  in  each  county,  SLeriff. 
uy  the  general  assembly,  who   shall  hold  his  office   for  Term  of  offic  • 
three  years,  removeable  by  said  assembly,  and  shall  be- 
come bound,  with  sufficient  sureties,  to  the  treasurer  of 
MIP  state,   for  the  faithful  discharge  of  the  duties  of  bis 


2« 


CONSTITUTION    OF    CONNECTICUT^ 


office,  in  such  manner  as  shall  he  prescribed  by  law.     In 
Vacancy,  how   case  the  sheriff  of  any  county  shall  die  or  resign,  thegov- 
ernor  may  fill  the  vacancy  occasioned  thereby,  until  the 
same  shall  be  filled  by  the  general  assembly,, 

SECT.  21.  A  statement  of  all  receipts,  payments, 
funds,  and  debts  of  the  state,  shall  be  published  from 
time  to  time,  in  such  manner  and  at  such  periods,  a? 
shall  be  prescribed  by  law. 

ARTICLE  V. 


supplied. 


Statement  of 
funds  of  the 
state. 


OF    THE    JUDICIAL    DEPARTMENT. 

Courts.  SECT.   1.  The  judicial  power  of  the  state  shall  be  ves- 

ted in  a  supreme  court  of  errors,  a  superior  court,  and 
such  inferior  courts  as  the  general  assembly  shall,  from 
time  to  time,  ordain  and  establish  :  the  powers  and  ju- 
risdiction of  which  courts  shall  be  denned  by  law. 

SECT.  2.  There  shall  be  appointed,  in  each  county,  a 
sufficient  number  of  justices  of  the  peace,  with  such  ju- 
risdiction in  civil  and  criminal  cases  as  the  general  as- 
sembly may  prescribe. 

SECT.  3.  The  judges  of  the  supreme  court  of  errors, 
of  the  superior  and  inferior  courts,  and  all  justices  of  the 
peace,  shall  be  appointed  by  the  general  assembly,  in 
such  manner  as  shall  by  law  be  prescribed.  The  judges 
of  the  supreme  court,  and  of  the  superior  court,  shall 

what°meannerm  hold  their  offices  during  g<*>d  behaviour;  but  may  be 
removed  by  impeachment ;  and  the  governor  shall  also 
remove  them,  on  the  address  of  two  thirds  of  the  mem- 
bers of  each  house  of  the  general  assembly  :  all  other 
judges  and  justices  of  the  peace  shall  be  appointed  annu- 
ally. No  judge  or  justice  of  the  peace  shall  be  capable 
of  holding  his  office,  after  he  shall  arrive  at  the  age  of 
seventy  years. 

ARTICLE    VI. 


Justices  of  the 
peace, 


Mode  of  ap- 
pointment. 

Tenure  of  of- 
fice. 


Limitation  of 
term  of  office 


Electors. 


Qualifications 
necessary  to 
become  elec- 
tors. 


Of    THE    QUALIFICATIONS    OF    ELECTORS. 

Sect.  1.  All  persons  who  have  been,  or  shall  hereaf* 
ter,  previous  to  the  ratification  of  this  constitution,  be 
admitted  freemen,  according  to  the  existing  laws  of  this 
state,  shall  be  electors. 

SECT.  2.  EverywhitemalecitizenoftheUnitedStates, 
who  shall  have  gained  a  settlement  in  this  state,  attained 
the  age  of  twenty-one  years ;  and  resided  in  the  town  in 
which  he  may  offer  himself  to  be  admitted  to  the  privi- 
lege of  an  elector,  at  least  six  months  preceding ;  and 
have  a  freehold  estate  of  the  yearly  value  of  seven  dol- 


CONSTITUTION    OF    CONNECTICUT.  29 

ars  in  this  state ;  or  having  been  enrolled  in  the  militia, 
shall  have  performed  military  duty  therein,  for  the  term 
of  one  year  next  preceding  the  time  he  shall  offer  him- 
self for  admission,  orbeing  liable  thereto,  shall  have  been, 
by  authority  of  law,  excused  therefrom  ;  or  shall  have 
paid  a  state  tax  within  the  year  next  preceding  the  time 
ihe  shall  present  himself  for  such  admission ;  and  shall 
sustain  a  good  moral  character ;  shall,  on  his  taking  such 
oath  as  may  be  prescribed  by  law,  be  an  elector. 

SECT.  3.  The  privileges  of  an  elector  shall  be  forfeit-  Privileges  of 
ed,  by  a  conviction  of  bribery,  forgery,  perjury,  duelling,  ^forfeited. 
fraudulent  bankruptcy,  theft,  or  other  offence  for  which 
an  infamous  punishment  is  inflicted. 

SECT.  4.  Every  elector  shall  be  eligible  to  any  office  Eligibility  of 
in  this  state,  except  in  cases  provided  for  in  this  consti-  electors- 
iution.  Select-men 

SECT.  5.  The  select-men  and  town  clerk  of  the  several  and  town 
towns,  shall  decide  on  the  qualifications  of  electors,  at  such  ^j^,1®  ^H. 
limes,  and  in  such  manner  as  may  be  prescribed  by  law.  fications. 

SECT.  6.  Laws  shall  be  made  to  support  the  privilege  of  Laws  to  be 
free  suffrage,   prescribing  the  manner  of  regulating  and  made  >n  SUP- 
conductingmeetingsof  the  electors,  and  prohibiting, under  j^^g  re 
adequate   penalties,   all  undue  influence  therein,   from 
power,  bribery,  tumult  and  other  improper  conduct.         Votes  to  be 

SECT.  7.  In  all  elections   of  officers  of  the  state,  or  given  by  bal- 
members  of  the  general  assembly,  the  votes  of  the  elect- 
ors  shall  be  by  ballot.  Privilege  of 

SECT.  8.  At  all  elections  of  officers  of  the  state,  or  electors  from 
members  of  the  general  assembly,  the  electors  shall  be  al 
privileged  from  arrest,  during  their  attendance  upon,  and 
going  to.  and  returning  from  the  same,  on  any  civil  process. 

SECT.  9.  The  meetings  of  the  electors  for  the  election  Annual  meet- 
of  the  several  state  officers,  by  law  annually  to  be  elect-  e"fc°orl  e 
ed,   and  members  of  the  general  assembly  of  this  state, 
•shall  be  holden  on  the  first  Monday  of  April  in  each  year. 

ARTICLE  VII. 

OF    RELIGION. 

SECT.  1.  It  being  the  duty  of  all  men  to  worship  the  Duty  and 
Supreme  Being,  the  Great  Creator  and  Preserver  of  the  r'?ht  .of  vv°^ 
Universe,  and  their  right  to  render  that  worship,  in  the  Supreme 
mode  most  consistent  with  the  dictates  of  their  conscien-  Being, 
ces ;  no  person  shall,  by  law,  be  compelled  to  join  or  sup-  No  legal  com- 
port, nor  be  classed  with,  as  associated  to,  any  congrega-  Pulsion- 
tion,  church,  or  religious  association.     But  every  person 
now  belonging  to  such  congregation,  church,  or  religious 
association,   shall   remain  a  member  thereof,   until  he 
shall  have  separated  himself  therefrom,  in  the  manner 
hereinafter  provided.     And  each  and  every  society  or 


CONSTITUTION    OF   CONNECTICUT. 


Equal   rights 
of  Christians. 


Secession. 


denomination  of  Christians  in  this  state,  shall  have  and 
enjoy  the  same  and  equal  powers,  rights  and  privileges  ^ 
and  shall  have  power  and  authority  to  support  and  main- 
tain the  ministers  or  teachers  of  their  respective  denom- 
inations, and  to  build  and  repair  houses  for  public  wor- 
ship, by  a  tax  on  the  members  of  any  such  society  only, 
to  be  laid  by  a  major  vote  of  the  legal  voters  assembled 
at  any  society  meeting,  warned  and  held  according  to 
law,  or  in  any  other  manner. 

SECT.  2.  If  any  person  shall  choose  to  separate  himself 
from  the  society  or  denomination  of  Christians  to  which 
he  may  belong,  and  shall  leave  a  written  notice  thereof 
with  the  clerk  of  such  society,  he  shall  thereupon  be 
no  longer  liable  for  any  future  expenses  which  may  be 
incurred  by  said  society. 


Charter  of 

Yale-College, 

confirmed. 


School  fund. 


Amount  to  be 
ascertained ; 

published  and 
recorded. 

Never  to  be 
diverted. 


ARTICLE  VIII. 

OF    EDUCATION. 

SECT.  1.  The  charter  of  Yale-College,  as  modified  by 
agreement  with  the  corporation  thereof,  in  pursuance  of 
an  act  of  the  general  assembly,  passed  in  May,  1792,  is 
hereby  confirmed. 

SECT.  2.  The  fund,  called  the  SCHOOL  FUND,  shall  re- 
main a  perpetual  fund,  the  interest  of  which  shall  be 
inviolably  appropriated  to  the  support  and  encourage- 
ment of  the  public,  or  common  schools,  throughout  the 
state,  and  for  the  equal  benefit  for  all  the  people  thereof. 
The  value  and  amount  of  said  fund  shall,  as  soon  as  prac- 
ticable, be  ascertained,  in  such  manner  as  the  general 
assembly  may  prescribe,  published,  and  recorded  in  the 
comptroller's  office  ;  and  no  law  shall  ever  be  made,  au*J 
thorising  said  fund  to  be  diverted  to  any  other  use  than 
the  encouragement  and  support  of  public,  or  common 
schools,  among  the  several  school  societies,  as  justice 
and  equity  shall  require. 

ARTICLE  IX. 


Tower  of  im- 
peachment. 
Trial   of   im- 
peachments. 


OF    IMPEACHMENTS. 

SECT.  1.  The  house  of  representatives  shall  have  the 
sole  power  of  impeaching. 

SECT.  2.  All  impeachments  shall  be  tried  by  the  senate. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or 
affirmation.  No  person  shall  be  convicted,  without  thr 
concurrence  of  two  thirds  of  the  members  present. 
When  the  governor  is  impeached,  the  chief  justice  shaU 
preside. 


CONSTITUTION   OF  CONNECTICUT.  31 

SECT,  3.  The  governor,  and  all  other  executive  and  Liability  to  im- 
judicial  officers,  shall  be  liable  to  impeachment ;    but  Peachment- 
judgments  in,such  cases  shall  not  extend  further  than  to  Limitation  of 
removal  from  office.and  disqualification  to  hold  any  of-  JU  Sment 
fice  of  honor,  trust,  or  profit  under  this  state.     The  party 
convicted,  shall,  nevertheless,  be  liable  and  subject  to 
indictment,  trial,  and  punishment  according  to  law. 

SECT.  4.  Treason  against  the  state  shall  consist  only  TJeason  defi^ 
in  levying  war  against  it,  or  adhering  to  its  enemies,  giv- 
ing them  aid  and  comfort.     No  person  shall  be  convict- 
ed of  treason,  unless  on  the  testimony  of  two  witnesses  Evidence, 
to  the  same  overt  act,  or  on  confession  in  open  court,  consequences 
No  conviction  of  treason,  or  attainder,  shall  work  cor-  of  conviction 
ruption  of  blood,  or  forfeiture. 

ARTICLE  X. 

GENERAL  PROVISIONS. 

SECT.  1.  Members  of  the  general  assembly,  and  all  Official  oatb 
officers,  executive  and  judicial,  shall,  before  they  enter 
on  the  duties  of  their  respective  offices,  take  the  follow- 
ing oath  or  affirmation,  to  wit : 

You  do  solemnly  swear  [or  affirm,  as  the  case  may  be]  Form, 
that  you  will  support  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  Connecticut, 
so  long  as  you  continue  a  citizen  thereof;  and  that  you 
will  faithfully  discharge,  according  to  law,  the  duties  of 
the  office  of  to  the  best  of  your  abilities. 

So  help  you  God. 

SECT.  2.  Each  town  shall,  annually,  elect  select-men,  select-meu 
and  such  officers  of  local  police,  as  the  laws  may  pre-  &c. 
scribe. 

SECT.  3.  The  rights  and  duties  of  all  the  corporations  Effect  of  con 
shall  remain  as  if  this  constitution  had  not  been  adopt-  corporation's? 
ed,  with  the  exception  of  such  regulations  and  restric- 
tions as  are  contained  in  this  constitution.     All  judicial  judicial  and 
and  civil  officers  now  in  office,  who  have  been  appoint-  civil  officers .; 
ed  by  the  general  assembly,  and  commissioned  accord- 
ing to  law,  and  all  such  officers  as  shall  be  appointed  by 
the  said  assembly,  and  commissioned  as  aforesaid,  before 
the  first  Wednesday  of  May  next,  shall  continue  to  hold 
their  offices  until  the  first  day  of  June  next,  unless  they 
shall  before  that  time,  resign,  or  be  removed  from  office 
according  to  law.     The  treasurer  and  secretary  shall  be 
appointed  under    this   constitution.     All  military  offi-  Se'tary  ; 
cers  shall   continue  to  hold  and  exercise  their  respec-  „. 

4 "  fli  *iiii*  "  ill  Hilary  un4~ 

live  omces,  until  they  shall  resign,  or  be  removed  accord-  cers. 
ing  to  law.     All  law?  not  contrary  to.  or  inconsistent 


Bonds,  debts, 
contracts,  Sic. 


General  As- 
sembly in  Oc- 
tober,'1818. 


Public  officers 
excluded  from 
general  assem- 
bly. 


CONSTITUTION    OF    CONNECTICUT. 

with,  the  provisions  of  this  constitution,  shall  remain  in 
force,  until  they  shall  expire,  by  their  own  limitation,  or 
shall  be  altered  or  repealed,  by  the  general  assembly,  in 
pursuance  of  this  constitution.  The  validity  of  all  bonds, 
debts,  contracts,  as  well  of  individuals  as  of  bodies  cor- 
porate, or  the  state,  of  all  suits,  actions,  or  rights  of  ac- 
tion, both  in  law  and  equity,  shall  continue  as  if  no  change 
had  taken  place.  The  governor,  lieutenant-governor, 
and  general  assembly,  which  is  to  be  formed  in  October 
next,  shall  have  and  possess,  all  the  powers  and  authori- 
ties, not  repugnant  to,  or  inconsistent  with,  this  constitu- 
tion, which  they  now  have  and  possess,  until  the  first 
Wednesday  of  May  next. 

SECT.  4.  No  judge  of  the  superior  court,  or  of  the  su- 
preme court  of  errors  ;  no  member  of  congress  ;  no  per- 
son holding  any  office  under  the  authority  of  the  United 
States  ;  no  person  holding  the  office  of  treasurer,  secre- 
tary, or  comptroller ;  no  sheriff,  or  sheriff's  deputy,  shall 
be  a  member  of  the  general  assembly. 

ARTICLE  XI. 


Amendments, 
how  to  be  pro- 
posed ; 

continued  and 
published ; 


approved,  by 
each  house ; 


presented  to 
the  inhabit- 
ants; 


and  adopted. 


OF  AMENDMENTS  OF  THE  CONSTITUTION. 

Whenever  a  majority  of  the  house  of  representatives 
shall  deem  it  necessary  to  alter,  or  amend  this  constitu- 
tion, they  may  propose  such  alterations  and  amendments  ; 
which  proposed  amendments  shall  be  continued  to  the 
next  general  assembly,  and  be  published  with  the  laws 
which  may  have  been  passed  at  the  same  session ;  and  if 
two  thirds  of  each  house,  at  the  next  session  of  said  as- 
sembly, shall  approve  the  amendments  proposed,  by  yea; 
and  nays,  said  amendments  shall,  by  the  secretary,  be 
transmitted  to  the  town  clerk  in  each  town  in  the  state  : 
whose  duty  it  shall  be  to  present  the  same  to  the  inhabit- 
ants thereof,  for  their  consideration,  at  a  town  meeting, 
legally  warned  and  held  for  that  purpofc  ,  and  if  it  shall 
appear  in  a  manner  to  be  provided  by  Jaw,  that  a  major- 
ity of  the  electors  present  at  such  meetings,  shall  have, 
approved  such  amendments,  the  same  shall  be  valid,  tc 
all  intents  and  purposes,  as  a  part  of  this  constitution. 
Done  in  Convention,  on  the  fifteenth  day  of  September, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
ighteen,  and  of  the  Independence  of  the  United 
''.•s  the  forty-third. 

By  order  of  the  Convention, 

OLIVER  WOLCOTT,  President, 

J  AMK.S    L  A.V.MAX.  )    /-,,       , 

ROBERT  FAIR^LD.,  J  Clerks' 


STATUTES 

OF 

CONNECTICUT. 

TITLE  1.    Account. 

AN  Act  authorising  the  appointment  of  Auditors 
in  actions  of  Account. 

.  T3E  ^  cnclcted  fy  the  Senate  and  House  of 
Jj  Representatives  in  General  Assembly  con- 
vened, That  whenever  a  judgment  shall  be  rendered  When  auditors 
against  the  defendant,  in  an  action  of  account,  that  he  !,o*nted  ap" 
do  account,  the  court  shall  appoint  not  more  than  three 
able,  disinterested,  and  judicious  men,  to  take  the  ac- 
count ;  who  shall  be  sworn  according  to  law,  and  shall 
have  power  to  appoint  the  time  and  place  for  the  hear- 
ing, and  shall  give  reasonable  notice  thereof  to  the  par- 
ties :  And  if  the  defendant  shall  refuse  to  attend,  at  the 
time  and  place  appointed,  and  produce  his  books,  and 
render  his  account,  the  auditors  shall  receive  from  the 
plaintiff  his  statement  of  the  account,  and  award  to  him 
the  whole  sum  he  claims  to  be  due. 

SECT.  2.  If  the  parties  appear,  and  produce  their 
books,  the  auditors  shall  have  power  to  administer  an  proceed^ 
oath  to  them,  and  examine  them  respecting  their  ac- 
counts, and  to  enquire  of  any  other  lawful  witnesses  : 
and  if  either  party  shall  refuse  to  be  sworn,  or  to  answer 
any  proper  questions  respecting  his  account,  the  audit- 
ors may  commit  him  to  gaol,  there  to  continue  till  he 
will  consent  to  be  sworn,  and  answer  all  proper  inter- 
rogatories :  and  the  auditors  shall  liquidate  and  adjust 
the  accounts,  and  award  that  the  party  in  whose  favor 
they  find  the  balance  to  be  due,  shall  recover  the  same, 
and  shall  make  report  to  the  same  or  the  next  succeed- 
ing session  of  the  court.  The  party  in  whose  favor  the 
report  is  made,  shall  pay  to  the  auditors  their  fees  and 
expenses,  which  shall  be  allowed  in  the  bill  of  cost :  and 
on  the  return  and  acceptance  of  the  report,  the  court 
shall  render  judgment,  that  the  party  in  whose  favor  it 

7 


No  appeal. 


shall 
take  the  ac- 
count. 


When  account 


nion 


Title  2.     dictions  Civil. 

is  made,  shall  recover  the  sum  found  to  be  due,  with  hi? 
lawful  cost.  And  no  appeal  shall  be  allowed  on  any 
judgment  given  on  a  report  of  auditors. 

Justices  of  the  SECT.  3.  In  actions  of  account,  brought  before  justi- 
ces of  the  peace,  when  judgment  is  rendered  that  the 
defendant  shall  account,  they  shall  take  and  adjust  the 
account,  without  the  appointment  of  auditors,  and  render 
judgment  accordingly. 

wii|  SECT.  4.   An  executor,  who  is  also  residuary  legatee, 

executors"  and  w.hen  all>  ?r  an7  Part  of  his  legacj  is  withholden  from 
tenants  in  com- h™,   by  his  co-executor,  may  bring  his  action   of  ac- 
count against  his  co-executor  for  the  recovery  thereof; 
and  the  like  action  shall  be  allowed  to  residuary  lega- 
tees  against  executors.     When  two   persons  hold  any 
estatc  as  joint  tenants,  tenants  in  common,  or  coparce- 
ners, if  one  of  them  shall  receive,  use  or  take  benefit  of 
such  estate,   in  greater  proportion  than  the  amount  of 
his  interest  in  the  principal  estate,  he,  and  his  executors 
or  administrators,  shall  be  liable  to   render  an  account 
to  his  co-tenant ;    and  such  co-tenant,   his  executors  or 
administrators,  may  bring  an  action  of  account  against 
such  receiver,  and  recover  such  sum  as  he  has  received 
more  than  his  proportion  as  aforesaid. 

SECT.  5.  When  there  shall  be  such  claim,  by  one  co- 
executor,  or  residuary  legatee,  against  two  or  more  co- 
executors  ;  or  when  there  is  a  claim  by  one  joint-tenant, 
tenant  in  common,  or  coparcener,  against  two  or  more 
co-tenants,  the  remedy  shall  be  by  bill,  or  petition  in 
equity. 

TITLE  2.    Actions  Civil. 
An  Act  for  the  regulation  of  Civil  Actions. 


When  the 
remedy  shall 
he  by  bill  in 
equity. 


'Process. 
Writ. 


Declaration. 
Signing. 

Attachment. 


SECT.  1.    "iQEzV  enacted  6y  the  Senate  and  House  of  Rep- 
J3  resentatives  in  General  Assembly  convened, 
That  the  process  in  civil  actions  shall  be  by  summons,  or 
attachment,  in  writing;  that  the  writ  shall  describe  the 
parties  and  the  court,  and  mention  the  time  and  place  of 
appearance ;  shall  be  accompanied  with   a  declaration 
containing  the  cause  of  action,  and  shall  be  signed  by  the 
governor,    lieutenant-governor,   a   senator,   judge     ius- 
3  of  the  peace,  or  clerk  of  the  court  to  which  it  is  re- 
turnable. (  1)      Attachments  may  be  granted  against  the 


Title  2.     Actions  Civil 

goods  and  chattels  of  the  defendant,  and  for  want  there- 
of, against  his  lands  or  person.  When  the  plaintiff  prays 
out  an  attachment,  a  sufficient  bond  shall  be  given,  con- 
ditioned to  prosecute  his  action  to  effect,  and  answer  all 
damages  in  case  he  makes  not  his  plea  good  :  and  if  it 
shall  appear  to  the  authority  signing  the  writ,  that  he  is 
unable  to  pay  the  cost  of  suit,  if  a  recovery  should  be  had  Surety,  when 
against  him,  then  he  shall  procure  a  surety  in  such  bond  t°  he  given. 
of  prosecution.  If  the  plaintiff  is  not  an  inhabitant  of 
this  state,  or  if  an  inhabitant  of  this  state,  and  it  appears 
to  the  authority  signing  the  writ,  that  he  is  unable  to  pay 
the  cost  of  suit,  if  a  recovery  is  had  against  him,  then, 
whether  the  suit  be  a  summons  or  attachment,  he  shall 
procure  surety  in  a  bond  from  some  substantial  inhabitant 
of  this  state  to  prosecute  his  action  to  effect,  and  answer 
all  damages,  in  case  he  make  not  his  plea  good. 

SECT.  2.  All  process,  by  attachment  or  summons,  To  whom  pro- 
shall  be  directed  to  the  sheriff,  his  deputy,  a  constable^  ce*s  sha11  be  di' 
or  some  indifferent  person  ;  but  no  writ  of  attachment 
or  summons  shall  be  directed  to  an  indifferent  person  to  Direction  to 
serve,  till  the  same  shall  be  complete  in  all  other  re- an  inait5ere)lt 
spects  ;  nor  shall  it  be  so  directed,  unless  more  defend- 
ants  than  one  are  therein  named,  and  described  to  be  of 
different  counties  in  the  state  ;  or  unless  where,  in  case 
of  a  writ  of  attachment,  the  plaintiff,  or  one  of  the  plain- 
tiffs, if  there  be  more  than  one,  or  his  or  their  agent  or 
attorney,  shall  make  an  affidavit  respecting  the  writ,  in 
the  words  following  :  "  You  solemnly  swear  (or  affirm)  Form  °f  oal'> 
that  you  verily  believe  the  plaintiff,  (or  plaintiffs,  as  the 
case  may  be)  is  in  danger  of  losing  the  debt,  (damage,  or 
other  thing,  as  the  case  may  be)  in  this  writ,  unless  an 
indifferent  person  be  deputed  for  the  immediate  service 
of  the  same:  So  help  yon  God :"  which  oath  the  au- 
thority signing  such  writ  is  empowered  to  administer ; 
ind  he  shall  ccrtifv  on  (he  writ  that  he  administered  tho 
same  ;  for  which  service  he  shall  be  entitled  to  receive 
twelve  cents,  but  which  shall  not  be  taxed  in  the  bill  of 
costs  :  in  which  cases,  the  authority  shall  insert  in  the 
writ  the  name  of  the  indifferent  person  to  whom  it  is  di- 
rected ;  but  need  not  insert  the  reason  of  such  direction. 
And  if  any  writ  of  attachment,  or  summons,  shall  be  di- 
•  ed  to  an  indifferent  person,  except  in  the  cases,  and 


writ  and  declaration  together  ;  and  as  it  dared,  that  the  ordinary  process  bLall  b«- 
ioive  notice  to  the  defendant  of  the  de-  a  summons  or  attachment,  fairly  written, 
ma nd  against  him,  it  superseded  the  ne-  signed  by  a  magistrate,  containing  a  decla- 
cessity  of  filing  a  declaration  on  his  ap-  ration  of  the  substance  ot  the  action.  The 
pearance.  In  the  revision  in  1750,  the  present  statute  is  varied  to  conform  ">  tho 
phraseology  is  a  little  varied  •  and  it  is  f!e-  actual  practice 


36  Title  2.  Actions  Civil 

under  the  regulations  abovementioned,  the  same  shall 
abate. 

Special  deputa-  SECT.  3.  The  sheriff  may  depute  a  proper  person,  on 
some  special  occasion,  to  serve  a  particular  writ ;  which 
deputation  shall  be  entered  on  the  back  of  the  writ ;  who. 
after  service  thereof,  shall  make  oath  before  a  justice  of 
the  peace,  that  he  faithfully  and  truly  served  the  same, 
according  to  his  indorsement  thereon,  and  that  he  did 
not  fill  up  said  writ,  nor  give  direction  to  any  person  to 
fill  up  the  same  ;  and  such  justice  of  the  peace  shall  cer- 
tify on  the  writ  that  he  administered  said  oath  accord- 
ingly ;  and  thereupon  the  service  thereof  shall  be  good 
and  valid. 

Timeofser-  SECT.  4.  All  writs  and  processes,  returnable  to  the  su- 

preme court  of  errors,  the  superior  court,  and  county 
courts,  shall  be  served  at  least  twelve  days  inclusive  be- 
fore the  day  of  the  sitting  of  the  court ;  and  if  returna- 
ble to  a  justice  of  the  peace,  at  least  six  days  inclusive, 
as  aforesaid  ;  or  the  defendant  shall  not  be  bound  to  make 
Service  of  sum-  a™wer  thereto. 

mons;  SECT.  5.  A  summons  shall  be  served,  by  the  officer's 

reading  the  same  in  the  hearing  of  the  defendant  or  de- 
fendants, or  leaving  an  attested  copy  thereof  at  the  place 
of  attachment,   or  places  of  his  or  their  usual  abode:    an  attachment 
shall  be  served,  by  attaching  the  goods  and  chattels  of  the 
defendant,  or  if  none  can  be  found,  by  attaching  the  person 
or  lands  of  the  defendant.     When  an  attachment  is  serv- 
ed, by  taking  the  body  of  the  defendant,  notice  shall  be 
given  to  him,  by  the  officer's   reading  the  writ  in  his 
hearing,  or  by  leaving  an  attested  copy  at  his  usual  place 
of  abode.     When  any  estate,  real  or  personal,  is  attach- 
ed, the  officer  serving  the  writ  shall  leave  with  the  per- 
son whose  estate  is  so  attached,  or  at  the  place  of  his  usual 
abode,  if  within  the  state,  a  true  and  attested  copy  of  the 
writ,  and  of  his  return,  describing  the  estate  attached 
thereon.     And  when  any  real  estate  is  taken,  the  officer 
Serving  the  writ,  shall   leave  a  true  and  attested  copj 
thereof,  and  a  description   of  the  estate   taken,  at  the 
town  clerk's  office,  in  the  town  where  the  land  lies,  within 
seven  days  next  after  attaching  the  estate,  and  before  the 
time  limited  by  law  for  the  service  of  such  writ  expires  : 
and  unless  the  service  shall  be  so  completed,  such  estate 
shall  not  be  holden  against  any  other  creditor,  or  bona 
fide  purchaser. 

SECT.  6.  The  rights  or  shares,  which  any  person  may 

have  or  own  in  the  stock  of  any  bank,  insurance  compa- 

pi?atkedcom.0r"  n7>   tljrnPike  company,   or  other  corporation,  together 

panics,  how  to  Wlth  the  mterests,  rents  and  profits,  due,  and  growing  due 

be  attached.       thereon,  shall  be  liable  to  be  attached,  in  any  action  at 


Title  2.     MioM  Civil  37 

law,  and  levied  upon  and  sold  to  satisfy  any  judgment 
and  execution.  Apd  the  attachment  of  any  such  rights 
or  shares  shall  be,  by  leaving  a  true  and  attested  copy  of 
the  writ,  by  the  officer  serving  the  same,  with  his  proper 
endorsement  thereon,  as  in  other  cases,  with  the  defend- 
ant, or  at  his  usual  place  of  abode,  if  within  this  state,  and 
with  the  cashier  of  such  bank,  or  with  the  secretary  or 
clerk  of  such  company  or  corporation ;  and  such  rights 
or  shares,  together  with  the  interests,  rents  and  profits, 
shall  beholden  to  respond  the  judgment,  which  may  be 
recovered  in  such  action,  for  the  term  of  sixty  days  after 
the  rendering  thereof,  and  no  longer. 

SECT.  7.  No  estate  attached  as  aforesaid,  shall  be  held  when  estate 
to   respond  the  judgment  obtained  by  the  plaintiff  at  attached  must 
whose  suit  the  same  is  attached,  either  against  the  debtor,  ^  ^cation 
or  any  other  creditor,  unless   such  judgment-creditor 
take  out  execution  on  such  judgment,  and  have  the  same 
levied  on  goods  or  personal  estate,  within  sixty  days  after 
final  judgment,  o*-  on  real  estate,  and  have  the  same  ap- 
praised and  recorded  within  four  months  after  such  judg- 
ment shall  have  been  obtained  :  or  if  said  goods  or  estate 
are  incumbered  by  any  prior  attachment,  the  execution 
to  be  levied  as  aforesaid,  within  the  respective  times 
aforesaid,  after  such  incumbrance  is  removed. 

SECT.  8.  When  the  defendant  is  not  a  resident  or  in-  Service  of 
habitant  of  this  state,  and  has  estate  within  the  same  w".ts  on  non" 
which  is  attached,  a  copy  of  the  writ,  describing  the  es-  n 
tate,  shall  be  left,  by  the  officer,  with  the  agent  or  attor- 
ney of  the  defendant,  within  this  state  ;  and  when  land 
is  attached,  a  like  copy  shall  be  left  in  the  office  of  the 
town  clerk  where  the  land  lies,  as  in  cases  where  the  de- 
fendant belongs  to  this  state  :  but  if  the  defendant  has  not 
an  agent  or  attorney  within  this  state,  then  a  like  copy 
shall  be  left  with  him,  who  has  the  charge  or  possession 
of  the  estate  attached. 

SECT.  9.  On  writs  of  scire  facias,  in  which  execution  Attachment  on 
may  be  issued  against  the  person  and  property  of  the  de-  stire  facias. 
fendant,  on  the  judgment  that  may  be  rendered  thereon, 
the  process  may  be  by  attachment  of  the  person  or  prop- 
erty of  the  defendant,  to  be  proceeded  with  as  to  bail, 
and  in  all  respects,  as  in  ordinary  cases. 

SECT.  10.  Officers  serving  writs  shall  return  them,  or  Time  of  return 
cause  them  to  be  returned,  to  the  clerks  of  the  courts  to 
which  they  are  made  returnable,  at  least  forty-eight  hours 
prior  to  the  day  of  the  session  of  the  court :  and  writs  re- 
turnable to  justices  of  the  peace  shall  be  returned  at  least 
twenty-four  hours  before  the  day  of  trial. 

SECT.  11.  When  any  process  is  duly  served  on  any  Appearance  of 
defendant  or  defendants,  and  returned  to  the  court  to  defendant. 


Title  2.     fictions  Civil. 


Judgment  by 
default. 


Continuance 
when  defend- 
ant is  out  of  the 
state. 


which  it  is  made  returnable,  if  he  or  they  do  not  appear,, 
his  or  their  default  shall  be  recorded,  and  judgment  be 
rendered  against  them,  unless  he  or  they  shall  come  into 
court,  on  or  before  the  second  day  of  its  session,  and 
move  for  a  trial ;  in  which  case  he  or  they  shall  be  ad- 
mitted thereto,  upon  paying  to  the  plaintiff  his  cost  to 
that  time  ;  and  the  action  shall  be  entered  anew  for 
trial.(2.) 

SECT.  12.  When  the  defendant,  being  an  inhabitant 
of  this  state,  is  absent  out  of  the  same,  at  the  time  of 
the  commencement  of  the  suit,  and  does  not  return  be- 
fore the  first  day  of  the  sitting  of  the  court,  such  suit 
shall  be  continued  to  the  next  term  ;  and  if  the  defend- 
ant does  not  return,  or  appear  by  attorney,  and  be  so 
remote  that  notice  of  the  suit  could  not  have  been  con- 


(2)In  the  revision  of  the  statutes  in  1672, 
and  which  appears  to  have  been  the  pre- 
vious practice,  it  is  declared,  that  the  pro- 
cess in  the  first  instance,  shall  be  a  war- 
rant, fairly  written,  under  the  hand  of 
some  magistrate,  commissioner  or  clerk 
of  the  court,  mentioning  the  time  and 
place  of  appeara:.ce  ;  and  if  the  parly 
did  not  appear,  then  upon  affidavit  that 
the  warrant  was  read  in  bis  hearing,  or 
left  at  his  usual  abode,  an  attachment 
could  be  granted  against  him,  by  the 
court,  for  the  contempt,  and  for  want  of 
bail  he  could  be  imprisoned,  returnable  to 
the  next  court,  who  could  proceed  against 
him  according  to  law.  At  the  same  time, 
a  provision  was  made,  authorising  credit- 
ors, having  debts  owing  to  them  in  mon- 
ey, coin,  provision,  or  other  special  pay, 
to  attach  such  estate  as  was  engaged,  or 
any  other  estate,  and  secure  it  for  trial. 
So,  the  er.ate  of  persons  not  residing  in 
the  colony,  and  the  estate  of  debtors  who 
were  about  to  convey  away  their  estate 
to  defraud  their  creditors,  or  to  abscond, 
could  be  attached.  The  plaintiff  was  en- 
abled to  declare  upon  the  attachment,  if 
the  defendant  came  in  upon  it ;  and  the 
prior  attaching  credilor  was  first  to  be 
paid.  The  law  also  required  that  the 
party  taking  out  an  attachment  against 
the  person,  goods  or  lands  of  another, 
should  give  security  for  prosecuting  his  ac- 
tion. In  the  revision  of  17<i-2,  there  is  an 
additional  regulation,  that  the  court  may 
impose  a  fine  not  exceeding  twenty  shil- 
lings, on  a  defendant  guilty  of  a  contempt 
in  not  appearing.  A  power  also  is  given, 
in  all  civil  actions,  to  proceed  by  sum- 
mons or  attachment,  against  any  defend-, 
ant,  his  goods  and  chattels,  and  for  want 


thereof,  against  his  lands,  or  person.  No- 
tice was  required  to  be  given,  bv  reading 
the  writ  in  his  hearing,  or  leaving  a  true 
copy  at  his  place  of  usual  abode,  if  witnin 
the  colony,  or  the  action  should  not  pro- 
ceed :  but  if  his  place  of  abode  was  out  of 
the  colony,  the  action  should  proceed  to 
trial,  but  judgment  should  not  be  rendered 
till  the  next  court.  As  the  declaration 
accompanied  the  writ,  so  as  to  give  no- 
tice to  the  defendant,  when  duly  served, 
of  the  nature  of  the  demand  against  him, 
there  could  be  no  injustice  in  rendering 
judgment  against  him,  where  he  did  not 
appear,  for  such  sum,  as  by  his  non-ap- 
pearance, he  admitted  to  be  due.  Ac- 
cordingly, in  1713,  it  was  enacted  by 
statute  that  when  the  process  was  duly 
served  and  returned,  if  the  defendant  did 
not  appear  by  himself  or  attorney,  his  de- 
fault should  be  recorded,  and  judgment 
rendered  against  him  ;  unless  before  the 
jury  should  be  dismissed,  he  should  come 
into  court,  and  move  for  a  new  trial  :  to 
which  he  was  entitled,  upon  paying  the 
plaintiff  the  cost  to  that  time.  In  the  revi- 
sion of  1784,  the  law  required  that  the 
defendant  should  in  such  case,  come  into 
court,  on  or  before  the  second  day  of  :he 
court,  and  move  for  a  trhtl  ;  and  then  he 
is  entitled  to  it,  upon  paying  to  the  plaiu- 
tift'the  cost  till  that  time  ;  and  the  statute 
then  assumed  the  form  which  has  continu- 
ed to  the  present  time.  In  this  gradual 
manner,  the  practice  was  introduced,  of' 
rende  rinu  judgment  against  a  defendant  on 
default,  and  superceded  the  necessity  of 
that  long  and  tedious  process,  which,  at 
common  law,  was  adopter!,  to  compel  the 
appearance  of  a  defendant,  before  judg- 
ment could  be  rendered  against  him. 


Title  2.     Actions  Civil. 

veyed  to  him,  such  suit  may  be  continued  to  the  next 
term  and  no  io:;ger:  and  if  he  does  not  then  appear, 
judgment  may  be  rendered  against  him  on  default  of  ap- 
pearance. But  if  the  defendant  is  not  an  inhabitant,  or 
resident  of  this  state,  at  the  commencement  of  the  suit, 
and  does  not  appear  and  answer  to  the  suit,  by  himself 
or  attorney,  then  the  court  shall  continue  the  same  to  the 
next  term,  and  may  direct  notice  to  be  given  to  the  de- 
fendent  of  the  pendency  of  the  suit,  by  publication  in 
some  newspaper,  or  otherwise,  as  they  may  judge  expe- 
dient :  and  if  the  defendant  should  not  then  appear,  by 
himself  or  attorney,  and  be  so  remote  that  it  is  not  proba- 
ble that  notice  has  been  received  by  him  of  the  penden- 
cy of  the  suit,  the  court  shall  continue  the  suit  to  the 
next  term,  and  no  longer ;  and  if  he  does  not  then  ap- 
pear, may  render  judgment  against  him,  on  default.  And 
in  such  cases,  where  judgment  shall  be  entered  up  against 
him  on  default,  after  such  continuances,  execution  shall 
not  issue  thereon,  until  the  plaintiff  shall  have  lodged 
with  the  clerk  of  the  court,  a  bond,  with  one  or  more  Bond 
sufficient  sureties,  to  the  adverse  party,  in  double  the 
sum  of  such  judgment,  to  refund  the  whole,  or  such  part 
of  it,  as  the  court,  upon  a  writ  of  error,  or  petition  for 
a  new  trial,  to  be  brought  within  one  year  after  such 
judgment,  shall  adjudge  and  determine  that  the  plaintiff 
had  no  right  to  recover :  provided,  that  no  real  estate  Proviso 
taken  by  an  execution  granted  on  such  first  judgment, 
shall  be  aliened  and  conveyed  till  after  the  expiration  of 
twelve  months  from  the  rendition  of  such  judgment ;  or 
till  after  a  decision  in  favor  of  the  original  plaintiff,  upon 
a  writ  of  error  or  petition  for  a  new  trial,  brought  within 
twelve  months  as  aforesaid. 

SECT.  13.  And  in  every  case,  where  it  appears  that  N?w 
the  defendant  had  not  actual  notice  of  the  suit,  or  a  rea-  an^h&tHao 
sonable  opportunity  to  appear  and  make  his  defence,  the  tice  of  suit, 
court  may,  on  petition,  grant  him  a  new  trial,  if  they 
find  he  had  just  ground  of  defence. 

SECT.  14.  In  actions  on  joint  securities,  where  all  the  Service  in  ac- 
defendants  are  not  inhabitants  of  this  state,  the  service  of  Jon  tracts.0' 
the  process  upon  such  of  the  defendants  as  are  inhabit- 
ants of  this  state,  shall  be  sufficient  notice  to  maintain  the 
suit  against  all  the  defendants.     And  if  any  of  the  de- 
fendants, on  whom  the  process  was  not  served,  shall  be 
aggrieved  by  the  judgment,  he  may  be  relieved  by  a  new 
trial,  which  the  court  is  empowered  to  grant,  upon  a  pe- 
tition for  the  same,  if  they  shall  find,  that  the  defendant 
has  just  cause  of  defence. 

SECT.  15.  When  a  suit  is  brought  before  a  justice  of  Continuances 

the  peace,   against  a  defendant  who  is  an  inhabitant  of  by  Justices  of 

the  peace. 


40 


Title  2.     Actions  Civil. 


\Vhcn  defend- 
ant has  no  no- 
tice, in  suits 
before  justices 
of  the  peace, 
county  court 
may  grant  new 
trial. 


Appearance  of 
plaintiff. 


Withdraw  or 
nonsuit. 


Name  of  attor 
ney  to  be  en- 
tered, if  plain- 
tiff is  not  in- 
habitant of 
the  state. 


New  bond  of 
prosecution, 
when  to  be 
given. 


the  slate,  but  is  absent  at  the  commencement  of  the  suit. 
and  does  not  return  before  the  trial,  such  action  shall 
be  adjourned  a  reasonable  time,  not  less  than  one  month, 
nor  more  than  nine  months,  to  give  an  opportunity  for 
the  defendant  to  return,  or  to  send  notice  to  him. 

SECT.  16.  When  a  suit  is  brought  before  a  justice  of 
the  peace,  against  a  defendant  who  is  not  an  inhabitant 
or  resident  of  this  state,  and  actual  notice  is  not  given  to 
him,  the  action  shall  be  adjourned  for  a  term  not  less 
than  three,  nor  more  than  nine  months. 

SECT.  17.  In  all  cases  where  a  judgment  shall  be  ren- 
dered, by  a  justice  of  the  peace,  against  a  defendant, 
who  is  absent  from  the  state  till  after  the  time  of  the  tri- 
al, and  has  no  notice  of  the  suit,  he  may  apply  to  the 
county  court,  in  the  county  where  the  judgment  is  ren- 
dered, for  a  new  trial ;  which  court  is  empowered  to 
grant  the  same,  and  to  proceed  to  final  judgment  there- 
in, if  the  defendant  shall  make  it  appear,  that  the  judg- 
ment was  wrongfully  obtained  against  him,  and  that  he 
has  a  good  ground  of  defence  ;  which  application  shall 
be  made  within  six  months  after  his  return  into  this  state, 
and  within  three  years  from  the  rendition  of  the  judgment. 
SECT.  18.  If  the  plaintiff,  in  an  action  returned'to  any 
court,  and  entered  in  the  docket,  on  being  called  three 
times  after  twelve  o'clock  on  the  first  day  of  the  sitting 
of  the  court,  shall  not  appear,  either  by  himself  or  attor- 
ney, to  prosecute  the  action,  he  shall  be  nonsuited,  and 
pay  cost  to  the  defendant,  and  for  entering  the  action, 
as  if  it  had  been  prosecuted  in  said  court.  And  the 
plaintiff,  in  all  actions  brought  to  any  court,  shall  have 
liberty  to  withdraw  the  same,  or  become  nonsuit,  before 
the  jury  have  given  in  their  verdict ;  in  which  case  he 
shall  pay  cost  to  the  defendant,  and  may  bring  a  new 
suit;  such  withdraw  .or  nonsuit  having  been  first  re- 
corded. 

SECT.  19.  In  all  actions,  brought  by  any  person,  who 
is  not  an  inhabitant  of  this  state,  to  any  court  in  this  state, 
the  clerk  of  such  court  shall  enter  in  the  record  of  the 
cause,  the  name  of  the  attorney,  by  whom  such  stranger 
appeared  ;  which  record  shall  be  good  evidence,  that 
such  attorney  was  the  lawful  attorney  of  such  stranger. 

SECT.  20.  In  any  action,  where  bond  for  prosecution 
is  not  given  at  the  time  of  praying  out  the  writ,  or  where 
the  bond  taken  is  insufficient,  the  court,  or  justice  of 
the  peace,  before  whom  the  same  is  brought,  on  motion 
of  the  defendant,  and  on  satisfactory  proof  that  the  plain- 
tiff, or  his  surety,  is  not  able  to  pay  the  bill  of  cost  that 
may  be  recovered  in  the  suit,  shall  order  the  plaintiff  to 
a  bond,  with  sufficient  surety,  to  prosecute  his  ac- 


Title  2.     Actions  Civil.  41 

iioh  to  effect,  and  pay  all  damages  in  case  he  make  not 
his  plea  good,  before  proceeding  to  trial  of  the  same ;  and 
if  the  plaintiff  shall  neglect  or  refuse  to  give  such  bond,  he 
shall  be  nonsuited. 

SECT.  21.  All  suits  wherein  the  title  to  land  is  to  be  Venue 
tried  and  determined,  and  all  actions  of  trespass  quart 
clausumfregit,  shall  be  brought  and  tried  in  the  county 
where  the  land  lies  :  and  all  other  actions,  which  may  be 
brought  before  the  superior  or  county  courts,  shall  be 
brought  and  tried  in  that  county,  where  the  plaintiff  or 
defendant  dwells,  if  they,  or  either  of  them,  are  inhab- 
itants of  this  state  :  but  if  neither  of  them  are  inhabitants 
of  this  state,  then  the  action  shall  be  brought  and  tried  in 
the  county  where  the  defendant  is,  when  the  suit  is  com- 
menced, or  where  the  estate  is,  which  is  attached,  if  the 
defendant  is  not  within  this  state. 

SECT.  22.  All  actions  cognizable  by  a  justice  of  the 
peace,  shall  be  brought  and  tried  in  those  towns  where  the 
plaintiff  or  defendant  dwells  :  but  if  there  be  no  justice  of 
the  peace  in  either  of  said  towns,  who  can  lawfully  try 
the  cause,  then  the  plaintiff  may  bring  his  suit  before  a 
justice  of  the  peace  in  one  of  the  towns  next  adjoining  to 
the  place  of  his  abode. 

SECT.  23.  All  causes  wherein  the  title  to  land  is  not  Jurisdiction  off 
concerned,   and  wherein  the  debt,  trespass,  damage  or  justices  of  the 
other  matter  in  demand,  does  not  exceed  thirty-five  dol-  Peace' 
lars,  shall  be  heard  and  determined  by  a  justice  of  the 
peace :  provided  that  in  all  cases  where  the  sum  demand- 
ed shall  exceed  seven  dollars,  except  in  actions  on  notes 
or  bonds,  vouched  by  two  witnesses,  and  given  for  money 
only,  an  appeal  shall  be  allowed  to  the  next  county  court :  Appeal 
and  when  an  appeal  shall  be  allowed  by  a  justice  of  the 
peace,  to  the  county  court,  the  party  so  appealing,  shall 
give  sufficient  boftd,  with  surety,  to  the  adverse  party,  to 
prosecute  such  appeal  to  effect,  and  to  answer  all  dama- 
ges in  case  he  make  not  his  plea  good. 

SECT.  24.  When  any  plea  shall  be  made  in  abatement  Abatement, 
of  any  writ  or  process,  before  the  superior  or  county 
court,  or  before  a  justice  of  the  peace,  if  it  be  ruled  in 
favor  of  the  defendant,  the  plaintiff  shall  have  liberty  to 
amend  the  defect,  on  paying  to  the  defendant  his  cost  to  Amendment, 
that  time ;  and  then  to  proceed  in  the  same  manner  as  he 
might  have  done,  had  there  been  no  defect  in  the  writ : 
and  in  case  the  defendant  appeal  from  a  judgment  ren-  Appeal  on  plea 
dered  on  a  plea  in  abatement,  and  shall  not  make  good      Rbateol«nt 
his  plea,  by  the  judgment  of  the  court  to  which  he  ap- 
peals, he  shall  be  liable  to  pay  cost,  and  execution  shall 
issue  against  him  for  the  same,  though  the  cause  shall 
finally  be  decided  in  his  favor. 
8 


12 


Title  2.     .Actions  Civil 


If  single  wo- 
man plaintiff 
ma  es,  writ 
not  to  abate. 


Not  to  abate 
for  circum- 
stantial de- 
fects. 


Executors  and 
administrators 
may  enter  for 
plui  Jiff,  or  be 
made  defend- 
ants. 


ScJre-facias. 


Survivor  of 
actions. 


Pleadings. 


General  issue. 


SETT.  25.  No  action  commenced  by  a  single  woman, 
who  intermarries  during  the  pendency  thereof,  shall  abate 
on  account  of  such  intermarriage,  provided  the  husband 
shall  appear  in  court,  and  cause  such  marriage  to  be  sug- 
gested on  the  record  ;  and  he  may  then  proceed  in  the 
same  manner,  as  if  the  suit  was  commenced  after  such 
intermarriage. 

SECT.  26.  No  Avrit.  pleading,  judgment,  or  any  kind  of 
proceeding  in  court,  or  course  of  justice,  shall  be  abated, 
suspended,  set  aside  or  reversed,  for  any  kind  of  circum- 
stantial errors,  mistakes  or  defects,  if  the  person  and  the 
cause  may  be  rightly  understood  and  intended  by  the 
court. 

SECT.  27.  When  any  action  shall  be  pending  in  any 
superior  or  county  court,  and  the  plaintiff,  before  final 
judgment,  shall  die,  the  same  shall  not  abate,  if  it  might 
originally  have  been  prosecuted  by  his  executor  or  ad- 
ministrator ;  and  in  such  case,  the  executor  or  adminis- 
trator may  enter  their  names  in  the  suit,  if  they  see 
cause,  and  prosecute  the  same.  And  if  the  defendant, 
while  the  action  is  pending  in  court,  and  before  final 
judgment,  shall  die.  the  same  shall  not  abate,  if  it  might 
originally  have  been  prosecuted  against  his  executor  or 
administrator  ;  and  the  plaintiff,  or  his  executor  or  ad- 
ministrator, may  have  a  writ  of  scire-facias  against  the 
executor  or  administrator  of  such  deceased  defendant,  to 
shew  cause  why  judgment  should  not  be  rendered  against 
them  ;  which  being  served  at  least  twelve  days  before 
the  sitting  of  the  court,  to  which  the  same  is  returnable, 
and  returned,  the  action  shall  proceed  to  final  issue,  ac- 
cording to  law. 

SECT.  28.  In  any  action  pending  before  a  court,  if 
there  be  two  or  more  plaintiffs  or  defendants,  and  one  or 
more  of  them  die,  before  final  judgment,  if  the  cause  of  ac- 
tion survive  to  the  surviving  plaintiff  or  plaintiffs,  or 
against  the  surviving  defendant  or  defendants,  the  writ 
or  action  shall  not  abate  :  but  such  death  being  suggested 
on  the  record,  the  action  shall  proceed. 

SECT.  29.  The  parties  shall  make  their  pleas,  and  join 
issue,  according  to  the  rules  and  orders  established  by  the 
court ;  and  in  case  the.  plaintiff  shall  refuse  to  obey  the 
order  of  the  court  in  pleading,  he  may  be  nonsuited  ;  and 
in  case  the  defendant  will  not  make  his  plea  or  join  issue, 
judgment  may  be  rendered  against  him  upon  nihil  dicit.  . 

SECT.  30.  The  general  issue  of  not  gidlty,  owe  nothing, 
did  not  assume  and  promise,  no  wrong  or  disseisin,  or 
any  other  general  plea  proper  to  the  action,  whereby  the 
whole  declaration  is  put  in  proof,  according  to  the  na- 
ture of  the  action,  may  be  made  by  the  defendant : 


Title  2.     Actions  Civil.  13 

under  which  general  plea,  the  defendant  shall  have  lib- 
erty, on  the  trial  of  the  cause,  to  give  his  title  in  evidence, 
or  any  special  matter  in  his  defence  and  justification,  ac- 
cording to  the  nature  of  the  action  ;  excepting  only  a  dis- 
charge from  the  plaintiff,  or  his  accord,  or  some  special 
matter,  whereby  the  defendant,  by  the  act  of  the  plaintiff, 
is  saved  or  acquitted  from  the  plaintiff's  demand  in  the 
declaration  ;  provided,  that  the  defendant  shall  not  give 
in  evidence,  under  the  general  issue,  anv  special  matter, 
which,  by  the  rules  of  the  common  law,  ought  to  be  plead- 
ed specially,  unless  at  the  time  of  making  his  plea,  he 
gives  notice  thereof  in  writing,  stating  such  special  mat- 
ter. (3) 

SECT.  31.  It  shall  be  lawful  for  the  defendant,  in  any  Pleading- 
suit, to  plead,  by  special  leave  of  the  court,  as  many  sev-  J°uble- 
eral  matters,  by  distinct  pleas,  as  he  shall  think  neces«arv 
for  his  defence.  If  any  such  matter  or  plea  shall,  upon 
demurrer  joined,  be  judged  insufficient,  cost  may  be  giv- 
en to  the  plaintiff,  at  the  discretion  of  the  court,  though 
tht-  other  issue  of  issues  may  be  decided  in  favor  of  the 
defendant.  If  a  verdict  shall  be  found,  on  any  issue  join- 
ed in  the  cause,  in  favor  of  the  plaintiff',  costs  shall  be  al- 
lowed to  him,  though  on  some  other  issue,  the  defendant 
should  be  entitled  to  judgment;  unless  the  court  that  tried 
such  issue,  shall  be  of  opinion,  that  the  defendant  had 
probable  cause  to  be  plead  such  matter,  which,  upon  the 
has  been  so  found  against  him.  And  in  actions  of 
replevin,  where  the  defendant  makes  avowry,  the  plain- 
tiff shall  have  riiiht  to  plead  double,  in  the  same  manner 
as  the  defendant  in  other  cases,  and  shall  be  governed  by 
the  same  principles. 

SECT.  3-2.  Whenever  the  defendant  in  any  suit  upon  a  Plea  of  the  de 

bond,  note,  or  other  chose  in  action,  not  negotiable,  shall  fe.ndant> In  cer; 
,       ,  .         .  .  ,  .»       i«     i  i     •     •  tain  cases,  not 

plead,  or  give  in  evidence  the  discharge,  admission,  or  to  avail  him 

other  aft  of  the  plaintiff,  or  any  payment  made  to  him.  or  otherwise  than 

transaction  whatsoever,  between  the  plaintiff  and  defend-  "'  *itcourt  ° 
ant.  it  shall  be  lawful  for  the  plaintiff  to  reply,  or  prove,      *  4/4.     &&. 
as  the  case  may  require,  an  assignment  of  such  chose  in 


(3)  In  1720,  an  act  was  passed,  giving  or  on  accord,  or  some  special  matter, 
the  defendant  liberty,  under  '.he  general^w  hereby  the  defendant,  by  the  act  of  the 
issue,  to  give  any  special  matter  in  evi-^Maintiff,  vas  acquitted  from  his  demand, 
deuce,  except  what  coufd  fairly  be  plead- jji  (his  accideut;il  manner.  A  valuable  im- 
ed  as  a  justification.  This  was  nearly  ^Improvement  was  introduced.  As  the  plain- 
according  to  the  common  law,  and  intro-  tiff  may  be  surprised,  by  the  defence  of 
duced  no  alteration  ;  but  many  disputes  the  defendant,  a  rule  was  established  by 
having  arisen,  the  legislature,  to  prevent  the  supfcme  court  of  errors,  requiring 
them,  passed  an  act  in  1731,  declaring,  notice  tl^  given  in  the  superior  court  of 
that  the  defendant,  under  the  general  the  special  matter  intended  to  be  given  in 
issue,  should  be  allowed  to  give  his  title  evidence,  if  required,  by  the  common  law; 
in  evidence,  or  any  other  matler  in  his  to  be  pleaded  specially.  This  rule  is  now 
justification,  excepting  only  a  discharge,  extended  to  all  court,?. 


Title  2.     Actions  Civil. 


Ho\v  defendant 
may  plead  in 
case  uf  actions 
on  bonds,  &.c. 
with  condition, 
and  condition 
not  sel  out  in 
declaration. 


Set-off. 


Amendment. 


action,  and  notice  thereof  given  to  the  defendant ;  and  on 
the  same  being  made  to  appear,  such  discharge,  admis- 
sion, payment,  or  other  transaction,  shail  be  no  otherwise 
available  in  such  suit,  in  favor  of  the  defendant,  than  the 
same  would  or  ought  to  be  in  a  court  of  equity. 

SECT.  33.  In  any  action  on  any  note,  bond,  or  other 
contract,  to  which  there  is  a  condition  annexed,  which 
condition,  and  any  breach  or  breaches  thereof,  are  not  set 
out  in  the  plaintiff's  declaration ;  and  the  defendant 
having  prayed  oyer  of,  and  set  out,  such  conditions,  pleads 
performance  thereof,  and  the  plaintiff'  replies  thereto, 
setting  forth  any  breach  or  breaches  of,such  condition, 
the  defendant  may,  with  leave  of  court,  rejoin  as  many 
several  matters,  by  distinct  rejoinders,  as  he  might  have 
pleaded,  had  such  condition,  and  breach  or  breachea 
thereof,  been  set  forth  in  the  declaration. 

SECT.  34.  In  all  actions,  brought  for  the  recovery  of  a 
debt  before  any  court  in  this  state,  wherein  the  plaintiff 
lives  or  resides  out  of  this  state,  or  is  a  bankrupt,  or  insol- 
vent, and  where  there  shall  be  mutual  debts  between  the 
plaintiff  and  defendant  in  such  action,  one  debt  may  be 
set  off  against  the  other,  and  such  matter  may  be  given  in 
evidence,  under  the  general  issue,  or  pleaded  in  bar :  but 
such  matter  shall  not  be  given  in  evidence  as  aforesaid, 
unless  notice  be  given,  at  the  time  of  pleading,  to  such 
action,  of  the  debt  intended  to  be  set  off,  and  on  what  ac- 
count it  has  become  due  :  and  no  debt,  claimed  by  assign- 
ment, shall  be  set  off,  unless  the  plaintiff  had  notice,  at 
the  time  of  commencement  of  the  action,  that  such 
debt  was  due  to  the  defendant.  And  in  every  action, 
wherein  the  defendant  shall  claim  a  set-off  as  aforesaid, 
and  it  shall  appear  upon  the  trial,  that  the  plaintiff  in 
such  action  is  indebted  to  the  defendant,  the  court,  before 
whom  the  trial  shall  be,  shall  give  judgment  for  the  de- 
fendant, to  recover  the  same  of  the  plaintiff,  with  his  cost: 
provided,  that  no  justice  of  the  peace  shall  give  judgment 
for  the  recovery  of  such  balance,  where  the  same  shall 
exceed  the  sum  of  thirty-five  dollars. 

SECT.  35.  The  plaintiff  may  amend  any  defect,  mis- 
take or  informality  in  the  writ  or  declaration,  without 
cost,  within  the  ^bjM^rst  days  of  the  term  of  the  court 
to  which  it  is  retu^^Be  ;  and  at  any  time  afterwards,  on 
the  payment  of  cosjjp  the  discretion  of  the  court ;  pro- 
vided such  amendment  shall  not  change  the  form  or 
ground  of  thjfection :  and  the  defendant  shall  have  rea- 
sonable timIR  answer  the  same. 


(4)  In  1724,  a  statute  was  passed, 
authorising  the  plaintiff  to  amend  his  writ, 
qpon  the  payment  of  cost,  when  it  bad 


(4) 


been  abated.  But  in  practice,  the  law 
was  confined  to  the  amendment  of  such 
defects  only  as  were  taken  advantage  e.f 


Title  2.     Actions  Civil  4o 

SECT.  36.  The  parties  respectively,  shall  have  liberty 
to  amend  any  defect,  mistake,  or  informality  in  the  plead- 
ings, or  other  parts  of  the  records  or  proceedings.  When 
either  party  shall  suppose,  that  in  any  part  of  the  plead- 
ings, he  has  missed  the  ground  of  his  plea,  and  that  he 
can  plead  a  different  plea,  that  will  save  him  in  his  cause, 
he  shall  have  liberty  to  change  such  plea,  replication  or 
reminder,  as  the  case  may  be,  and  plead  anew  :  and  the 
other  party  shail  have  reasonable  time  to  answer  the 
same.  And  in  all  cases  when  a  party  amends  or  alters 
any  part  of  the  pleadings,  or  pleads  anew,  if  it  shall  occa> 
sion  any  delay  in  the  trial,  or  inconvenience  to  the  other 
party,  he  shall  be  liable  to  pay  cost,  at  the  discretion  of 
the  court.  And  all  courts  shall  have  power  to  restrain 
the  amendment  and  alteration  of  pleas,  so  far  as  may  be 
necessary  to  compel  the  parties  to  join  issue  in  a  reason- 
able time  for  trial. 

SECT.  37.  All  actions  in  the  superior  and  county  courts,  Tiial  of  issue 
where  an  issue  is  joined  on  any  matter  of  fact,  shall  be  !n  f*ct»  b? 
tried  by  a  jury  of  twelve  men  of  the  neighbourhood,  qua!- jar 
ified,  empanneled,  and  sworn  according  to  law.  (5) 

SECT.  38.  Thecivil  authority,  select-men, constables  and  Jurors,  how 
grand-jurors  in  the  several  towns,  shall,  some  time  in  the  c 
month  of  January,  annually,  meet  and  choose,  by  ballot, 
to  serve  as  jurors  in  the  county  and  superior  courts,  in 
the  county  to  which  such  towns  belong,  such  number  of 
their  able  and  judicious  freeholders  as  is  prescribed  by 
law,  each  of  which  shall  have  a  freehold  estate,  set  in  the 

by  abatement  :  and  whenever  there  was  to  a  second  consideration  ;  and  if  they 
a  defect,  which  could  be  taken  advantage  persisted  in  their  former  opinion,  to  the 
of,  in  any  other  stage  of  the  cause,  as  on  dissatisfaction  of  the  court,  to  impannel 
demurrer,  or  as  a  ground  of  variance,  the  another  jury,  and  commit  the  consideration 
courts  would  never  permit  any  amend-  of  the  cause  to  them ;  and  to  vary  and  al- 
metit.  As  the  declaration  accompanied  ter  the  damages  given  in,  by  any  jury,  as 
the  writ,  the  plaintiff  was  often  subjected  they  should  judge  most  equal  and  right- 
to  great  inconvenience,  and  lostthe  benefit  eous.  It  was  also  provided,  that  no  per- 
of  his  action,  by  mistakes  that  occurred  son  should  be  tried  for  a  crime  extending 
in  the  hurry  of  drawing  writs:  and  which  to  life  or  banishment,  but  by  a  special  jury, 
were  susceptible  of  amendment.  A  prac-  summoned  for  that  purpose,  consiBting  of 
tice  so  manifestly  wrong,  required  to  be  twelve  able  and  judicious  men,  who 
corrected  ;  and  in  1794,  an  act  was  pass-  should  all  agree  in  their  verdict.  In  the 
ed,  authorising  amendments,  which  has  revision  of  1702,  the  coun  have  power 
since  beer  moulded  into  the  presentshape.  to  send  the  jury  to  a  second  and  third  con- 
See  1  Day,  206.  3  Day,  315.  4  Day,  37.  sideration  ;  and  the  law  has  so  contiflged 

ever  since.     The  excellent  mode,  no$§n 

(5)  The  trial  by  jury  was  brought,  by  force,  of  appointing  and  returning  jurors, 

our  ancestors,  from  their  native  land.    In  first  appears  in  the  revision  of  1750.     In 

the  revised  code  of  1672,  it  xvas  provided,  the  revision  of  1672,  the  jury  are  to  be 

that  all  causes,  where  the  debt  or  damage  summoned  from  the  neighbouring  towns  ; 

exceeded  forty  shillings,  should  be  tried  by  and  in  the  revision  of  1702,  it  is  requir- 

a  jury  of  twelve  men,  who  should  find  the  ed  that  the  jury  should  consist  of  twelve 

matter   of  fact,    with  the   damages  and  men,  each  of  whom  should  have  a  freehold 

costs,  and  the  judges  should  declare  the  estate,  worth  forty  shillings  per  annum,  or 

sentence,   or  direct  the  jury  to  find   ac-  fifty  pounds  personal  estate  in  the  county 
cording  to  law,  with  power  to  return  them 


16 


Title  2.     Actions  Civil 


Jurors,  how 
drawn  and 
summoned. 


Return  of  war 
rant. 


Additional 
jurors,  how 
summoned. 


Jurors,  how 
designated. 


list  at  nine  dollars  or  more.  There  shall  be  a  box' 
provided  in  the  several  towns,  at  the  cost  of  the  town, 
with  a  lock  to  it,  and  lodged  in  the  hands  of  the  town- 
clerk  ;  and  when  the  jurors  are  chosen  as  aforesaid,  the 
town-clerk  shall  write  each  man's  name,  so  nominated,  on 
a  piece  of  paper  by  itself,  and  put  the  several  names,  so 
written,  in  the  said  box,  and  keep  the  same,  locked,  in 
his  hands,  that  the  said  names  may  be  drawn  as  is  hereaf- 
ter provided. 

SECT.  39.  At  some  convenient  time  before  the  sit- 
ting of  the  aforesaid  courts,  the  clerks  of  the  same  shall 
summon  fifteen  jurors  to  attend  such  courts,  ai,d  shall  is- 
sue warrants  directed  to  either  of  the  constables  of  the 
several  towns,  or  some  of  them,  in  the  county  in  which 
the  court  is  to  be  held,  to  summon  a<  d  warn  so  many 
ab;e,  judicious  and  lawful  freeholders  of  the  town  as  their 
warrant  directs,  to  attend  and  serve  as  urors  at  such 
court ;  and  such  constable  shall  repair  to  the  town-clerk, 
and,  in  his  presence,  (or  in  case  of  his  absence)  in  the 
presence  of  one  of  the  select-men  of  such  town,  or  a 
justice  of  the  peace,  draw  out  of  the  box  aforesaid,  the 
number  his  warrant  directs  him  to  summon,  without  see- 
ing the  names  he  draws'before  he  draws  them  ;  and  shall 
then  summon  for  jurors,  those  men  whose  names  he  has 
so  drawn. 

SECT.  40.  But  if  any  or  all  whose  names  are  so  drawn, 
shall  be,  at  the  time,  dead,  others  in  his  or  their  room  shall 
be  drawn  and  summoned  as  aforesaid.  And  the  constable 
shall  make  timely  return  of  his  warrant  to  the  clerk  that 
issued  the  same,  with  an  indorsement  certifying  whom  he 
has  summoned  for  the  purpose  aforesaid,  on  pain  of  for- 
feiting to  the  treasury  of  the  county,  a  sum  not  exceeding 
five  dollars,  at  the  discretion  of  the  Budges  of  the  court ; 
unless  such  constable  shall  seasonably  make  his  excuse 
to  the  acceptance  of  said  court. 

SECT.  41.  And  if  any  of  the  jurors,  summoned  as  afore- 
said, do  not  appear,  or  shall,  for  any  cause,  be  excused 
from  attending  court,  the  court  may,  at  their  discretion, 
from  time  to  time,  direct  the  clerk  to  issue  a  warrant  or 
warrants,  to  summon,  in  manner  as  aforesaid,  additional 
jurors,  so  as  to  prevent,  as  far  as  may  be  consistent  with 
the  convenient  dispatch  of  business,  the  necessity  of  fill- 
ing up  the  panel  of  jurors  with  the  names  of  persons  not 
designated  and  summoned  as  aforesaid. 

SEC;T.  42.  The  clerks  of  said  courts,  respectively,  in 
empanrieling  the  jury  for  the  trial  of  each  cause,  shall, 
when  more  than  twelve  urors  are  attending,  as  aforesaid, 
designate,  by  lot,  the  names  of  those  who  shall  compose 
the  panel  of  jurors. 


Title  2.    Actions  Civil  17 

SECT.  43.  If  any  juror  chosen,  drawn  and  summoned  Penally  for 
^as  aforesaid,  shall  make  default  of  appearance,  accord-  JJ°gattend" 
ing  to  the  direction  of  the  warrant,  he   shall  forfeit  to 
the  treasury  of  the  county  wherein  he  dwells,  the  sum  of 
two  dollars,  unless  the  court,  on  hearing  the  excuses  made   .-  t*. 
in  his  behalf,  shall  judge  them  sufficient. 

SECT.  44.  If  a  sufficient  number  of  jurors,  summoned 
as  aforesaid,  do  not  appear,  or  if,  by  reason  of  challenges, 
or  some  other  cause,  there  shall  not  be  a  sufficient  num- 
ber of  lawful  men  to  make  up  the  panel  the  court  may 
order  the  sheriff  to  return  such  number  of  "good  and 
lawful  freeholders  of  the  county,  as  may  be  necessary 
for  that  purpose  ;  and  when  the  sheriff  is  interested,  or 
related  to  either  of  the  parties,  the  court  may  direct  the 
constable,  or  such  officer  as  they  shall  appoint,  to  make 
such  return;  which  jurors,  being  so  returned,  shall  per- 
form the  duty  required  of  them,  on  the  same  penalty  as 
is  inflicted  on  those  who  make  default  of  appearance ; 
and  when  the  jury  are  empanneled,  they  shall  take  the 
oath  prescribed  by  law. 

SECT.  45.   The  parties  shall  have  process  of  subpoena  Process  for 
or  summons,  signed  by  the  clerk  of  the  court,  or  a  justice  witnesses, 
of  the  peace,   to  be  served  by  an  officer,  or  indifferent 
person,  to   bring  their  witnesses  into  court :  and  if  any 
person,  upon  whom  a  subpoena  shall  be  served  to  appear, 
and  testify  in  a  cause  pending  before  any  court,  and  to 
whom  one  day's  attendance  and  fees  for  travelling  to 
court  have  been  tendered,  shall  neglect,  or  refuse  to  ap- 
pear and  testify,  without  reasonable  excuse,  he  shall  for- 
feit five  dollars,  and  pay  all  damage  to  the  party  aggriev- 
ed, to  be  recovered,  by  a  proper  action,  in  his  name  :  and 
it  shall  be  lawful  for  the  court,  on  due  proof  of  the  service 
of  the  subpoena,  and  the  tender  of  the  fees  as  aforesaid, 
to  issue  a  capias,  directed  to  some  proper  officer,  to  arrest  Capias, 
such  witness,  and  bring  him  before  the  court  to  testify. 

SECT.  46.  When  any  witness,  in  a  civil  cause,  lives  out  Depositions, 
of  the  state,  or  more  than  twenty  miles  from  the  place  when  and  how 
of  trial,  is  going  to  sea,  or  out  of  the  state,  or  by  age,  taken- 
sickness  or  bodily  infirmity,  is  unable  to  travel  to  court, 
or  is  confined  in  gaol  on   legal  process,  his   deposition 
may  be  taken,  by  a  justice  of  the  peace ;  provided  reason- 
able notice  shall  be  given  to  the  adverse  party,  or  his 
known  agent  or  attorney,  if  either  of  them  live  within 
twenty  miles  of  the  place  of  caption,  or  left  at  his  usual 
place  of  abode,  to  be  present  at  the  time  of  taking  such 
deposition ;  and  depositions  may  be  taken  in  any  other 
state  or  country,  by  a  magistrate,  having  power  to  ad- 
jnainister  oaths.     And  the  witness  shall  be  cautioned  to 
speak  the  whole  truth,  shall  be  carefully  examined,  shall 


46 


Title  2.    Actions  Civil. 


Not  to  be  writ- 
ten, by  any 
person  inter- 
ested. 


Witnesses, 
how  compelled 
to  give  deposi- 
tion?. 


Depositions, 
how  opened. 


Petition  for 
perpetuating 
testimony. 


subscribe  his  deposition,  and  make  oath  to  it,  before  a 
justice  of  the  peace,  who  shall  attest  the  same,  certify 
that  the  adverse  party,  or  his  agent,  was  present,  (if  so) 
or  that  he  was  notified,  if  living  within  twenty  miles  ;  who 
shall  also  certify  the  reason  of  taking  such  deposition ; 
shall  seal  it  up  ;  direct  it  to  the  court  where  it  is  to  be 
used  ;  and  deliver  it,  if  desired,  to  the  party  at  whose 
request  it  was  taken. 

SECT.  47.  The  party,  his  attorney,  or  any  person  in- 
terested, shall  not  write,  draw  up,  or  dictate  any  deposi- 
tion :  and  every  deposition  so  drawn  up,  or  that  shall  be 
returned  to  the  court  unsealed,  by  any  other  hand  than 
that  of  the  justice  of  the  peace  who  took  it,  or  the  seal  ol 
which  shall  be  broken,  shall  be  rejected  by  the  court* 

SECT.  48.  Every  justice  of  the  peace  shall  have  power 
to  issue  a  subpoena,  upon  request,  for  the  appearance  of 
any  witness  before  him  in  a  civil  cause,  where  he  is  bound 
to  sea,  is  going  out  of  the  state,  or  lives  more  than  twenty- 
miles  from  the  place  of  trial  ;  and  to  take  his  deposition, 
the  adverse  party,  or  his  agent,  being  present,  or  duly 
notified,  if  living  within  twenty  miles  of  the  place  o£ 
caption  :  and  if  such  witness  should  refuse  to  appear,  the 
justice  of  the  peace  may  issue  a  capias,  and  cause  him  to 
be  brought  before  him  ;  and  if  he  shall  refuse  to  give  his 
deposition,  the  justice  of  the  peace  may  commit  him  to 
prison  till  he  will  comply.  And  in  like  manner,  the  de- 
positions of  witnesses  living  in  this  state,  may  be  taken, 
to  be  used  as  evidence  in  a  suit  depending  in  any  court  of 
judicature  in  any  other  of  the  United  States,  on  applica- 
tion of  either  of  the  parties  to  such  suit. 

SECT.  49.  The  clerks  of  the  several  county  and  su- 
perior courts  shall  have  power  to  open  any  deposition 
directed  to  the  courts  of  which  they  are  respectively 
clerks,  either  in  vacation,  or  during  the  session  of  the 
court,  in  open  court,  or  elsewhere,  as  may  be  conven- 
ient. 

SECT.  50.  Whenever  any  person  shall  be  desirous  of 
perpetuating  the  testimony  of  witness  or  witnesses,  con- 
cerning any  matter  which  may  be  the  subject  of  a  suit  in 
law  or  equity,  he  may  present  his  petition  to  any  judge 
of  the  superior  court,  or  to  the  chief  judge  of  any  county- 
court  at  any  time,  setting  forth  the  necessity  or  expedi- 
ency thereof,  the  names  of  the  witnesses,  the  subject  mat- 
ter of  the  controversy,  and  the  names  of  all  persons  in- 
terested therein,  and  praying  that  the  depositions  of  the 
witness  or  witnesses  may  be  taken  and  perpetuated ; 
and  thereupon  the  said  judge  shall  make  an  order,  ap- 
pointing a  time  and  place  for  the  respondents  in  such  pe- 
tition to  appear  before  him,  and  shew  cause  why  the 


Title  2.      Actions  Civil.  S  <» 

prayer  of  the  petition  should  not  be  granted,  and  pre- 
scribing such  notice  thereof  to  the  parties,  whether  resi- 
dent in  this  slate  or  not,  as  he  may  think  reasonable. 
And  if,  at  the  time  appointed,  the  said  judge  shall  find, 
on  due  proof  being  made  thereof,  that  notice  hath  been  Order  for  lak- 
given  according  to  said  order,  he  -hall  further  direct,   if  *»§  ^positions, 
no  sufficient  cause  be  shown  to  the  contrary,  that  said 
depositions  shall  be  taken,  either  byr  himself  or  any  other 
person  or  persons  whom  he  may  appoint  for  that  pur- 
pose, and  at  such  times  and  places  as  he  may  prescribe. 

SECT.  51.  The  depositions  taken  in  pursuance  of  this  Depositions  so 
Act,  shall  be  sealed  up  and  directed  to  the  clerk  of  the  ^f^J^ 
superior  court  in  the    county  where  the  petitioners,  or  ed  to  the  clerk, 
some  of  them,  dwell ;  and  the  clerk  shall  open  and  lodge  and  by  him  to 
the  same  on  file,  together  with  the  petition  and  the  seve-  JJ^JJ^J  fi^ 
ral  orders  of  the  judge,  and  proceedings  thereon. 

SECT.  52.  Copies  of  the  depositions  taken  in  conform-  Copies  availa- 
ity  to  the  directions  of  this  act,  and  duly  certified  by  the  ble. 
clerk,  shall  be  available  in  all  cases  in  law  and  equity,  in 
the  same  manner  as  depositions  taken  during  the  pend- 
ency of  a  suit. 

SECT.  53.  The  judge  or  other  person  or  persons  taking  power  of  ad- 
said  depositions,  may  adjourn  from  time  to  time,  as  ne-  journment: 
cessity  or  convenience  may  require,  giving  notice  there- 
of to  the  parties  present ;  and  shall  have  power  to  cause  |°n^™^e  ^ 
the  attendance  of  a  witness  or  witnesses  in  this  state,  by  witnesses. 
subpoena  and  capias,  as  in  ordinary  civil  actions. 

SECT.  54.  Either  judge  of  the  superior  court,  when  the  commissions 
court  is  not  in  session,  shall  have  power,  when  necessary,  to  take  deposi- 
to  issue  a  commission  to  take  the  deposition  of  any  per-  tions- 
son  or  persons,  resident  out  of  this  state,  to  be  used  in  a 
cause  pending  before  such  court,  notice  being  given  to 
the  adverse  party  to  appear  before  such  judge  ;  and  the 
chief  judge  of  each  county  court,  shall  have  the  same 
power,  when  the  court  is  not  in  session,  on  giving  notice 
to  the  adverse  party,  if  the  deposition  is  to  be  used  in  a 
cause  pending  before  the  county  court,  of  which  he  is 
judge. 

SECT.  55.  In  all  cases  wherein  a  commissioner  or  com-  Commissioners 
missioners  shall  be  appointed,  according  to  the  laws,  usa-  entitled' to^ub- 
ges  or  customs  of  any  of  the  states  or  territories  of  the  pcena  or  capias 
United  States  to  take  testimony  or  depositions  in  writing  to  compel  at- 
in  this  state,  to  be  used  and  improved  in  any  of  the  courts  0 

of  said  states  or  territories  such  commissioner  or  commis- 
sioners so  appointed,  may  apply  to  any  justice  of  the 
peace  for  a  writ  of  subpoena  or  capias,  as  the  case  may 
require,  to  cause  or  compel  the  appearance  of  any  wit- 
ness before  such  conrfmissioner  or  commissioners  to  give 
testimony  before  them. 

9 


50 


Title  2.     Actions  Civil 


Witnesses  re- 
fusing to  testify 
may  be  com- 
mitted. 


Exemplifica- 
tion of  laws  of 
o/ther  states, 
admissible. 


Tainted  stat- 
utes of  olher 
states  admissi- 
ble. 

Sworn  copies. 


Certified  co- 
,pies. 


-private  corpo- 
rations, how  to 
dcr.lare  and 
plead. 

Direction  of 
court  to  the 
jury. 


'SECT.  56.  If  any  person  who  shall  have  heen  duly 
summoned  as  a  witness  to  testify  before  such  commission- 
er orcommissioners  as  aforesaid,  according  to  law,  shall  re- 
fuse to  appear  and  give  his  testimony  ;  such  justice  of 
the  peace  may  commit  such  person  to  prison  until  he 
will  comply. 

SECT.  57.  An  exemplification  by  the  secretary  of  this 
state,  of  the  laws  of  the  several  states  in  the  United  States, 
which  have  been,  or  shall  hereafter  be,  transmitted,  by 
order  of  the  executives  or  legislatures  of  the  same,  to 
the  governor  of  this  state,  and  by  him  deposited  in  the 
oifice  of  the  said  secretary,  shall  be  admissible  in  evi- 
dence, in  any  court  in  this  state. 

SECT.  58.  The  public  statutes  of  the  several  states  in 
the  United  States,  printed  by  authority  thereof,  shall  be 
legal  evidence  ;  and  the  courts  shall  take  notice  of  them 
judicially. 

SECT.  59.  When  the  clerk  of  any  court,  town,  society 
or  corporation  is  absent,  or  is,  by  sickness,  or  otherwise, 
unable  to  perform  the  duties  of  his  office,  the  files,  records, 
votes  and  proceedings  of  such  court,  town,  society  or 
corporation  may  be  proved  in  any  court  of  law,  by  copies 
examined  and  sworn  to,  by  credible  witnesses. 

SECT.  60.  In  all  public  offices  and  corporations,  where 
entries  or  records  are  made  of  their  acts,  votes  and  pro- 
ceedings, by  some  officer  appointed  for  that  purpose,  a 
copy  thereof,  certified  under  the  hand  of  such  officer, 
and  the  seal  of  such  office  or  corporation,  (if  there  be 
any)  shall  be  legal  evidence:  and  if  any  such  officer 
shall,  knowingly,  make  a  fale  certificate,  he  shall  be 
punishable  in  the  same  manner  as  if  guilty  of  perjury. 

SECT.  61.  It  shall  be  competent  for  all  corporations, 
created  by  private  acts,  in  suits  where  their  corporate 
rights  are  concerned,  to  declare  and  plead  in  the  same 
manner,  as  if  erected  by  public  acts. 

SECT.  62.  It  shall  be  the  duty  of  the  court  to  decide 
all  questions  of  law  arising  in  the  trial  of  a  cause,  and  in 
committing  the  cause  to  the  jury,  to  direct  them  to  find 
accordingly  ;  and  to  submit  all  questions  of  fact  to  the  ju- 
ry, with  such  observations  as  they  may  think  proper  on. 
the  evidence,  for  their  information,  without  any  direction 
how  they  shall  find  the  facts.  (6)  After  the  cause  is  com- 


(6)  In  charging  the  jury,  the  former 
practice  was,  to  submit  1o  them  the  law, 
as  well  as  the  fact,  without  expressing 
any  opinion,  or  giving  any  direction  how 
to  find  tlvir  verdict.  This  practice  was, 
probably,  co-eval  with  the  government, 
and  undoubtedly  originatf-d  froinlhb  pow- 
er given  the  court  to  return  the  jury  to  a 


further  consideration  :  it  continued  tiH 
1807,  (see  3  Day  28.)  when  it  was  chang- 
ed, and  the  superior  court  exercised  the 
power  of  directing  the  jury  in  matters  of 
law.  This  was  sanctioned  by  a  rule  of  the 
supreme  court  of  errors,  in  1807  ;  and  the 
mode  of  charging  the  jury,  both  as  to  the 
law  aud  the  fact,  is  now  so  modified  by 


Title  2.     del  ions  Civil.  31 

raitted  to  the  jury,  no  pleas,  arguments  or  evidence  shall 
be  received,  before  the  verdict  is  returned  into  court  and 
recorded. 

SECT.  63.  The  court  shall  determine  questions  of  law,  Special  ver- 
referred  to  them,  by  the  jury,  in  a  special  verdict,  which  dicti 
the  jury  may  give.Avhen  they  entertain  doubts  respecting 
the  points  of  law  arising  in  the  cause,  or  when  the  parties 
request  it:  in  which  special  verdict  they  shall  find  the 
facts,  and  state  the  question  of  law — to  wit — Ifthelawbe 
so,  m  such  a  point,  then  we  find  for  the  plaintiff ;  but  if 
the  law  be  otherwise,  then  we  find  for  the  defendant. 
And  when  the  jury  find  a  verdict  in  favor  of  the  plaintiff,  Assessment  of 
they  shall  assess  the  damages  he  shall  be  entitled  to  re- 
cover. 

SECT.  64.  The  court  shall  have  power,  if  they  judge  Court.  may 
the  'Ury  have  mistaken  the  evidence  in  the  cause,  and  further  Ton- 
have  brought  in  a  verdict  contrary  to  it,   or  where  they  sideration. 
have  brought  in  a  verdict  contrary  to  the  direction  of  the 
court  in  a  matter  of  law,  to  return  them  to  a  second  con- 
sideration, and  for  like  reason  shall  have  power  to  return 
them  to  a  third  consideration,  and  no  more. 

SECT.  65.  The  jury,  after  a  cause  has  been  committed  ^ry  to  be  un- 
to them,  shall  be  under  the  charge  of  an  officer  appointed  Of 'au  ^fficer!6 
by  the  court,  who  shall  permit  no  person  to  be  present 
with  them,  or  to  speak  to  them,  when  assembled  for  de- 
liberation :  nor  shall  the  jurors  converse  with  any  person 
but  among  themselves,  relative  to  the  cause  under  con- 
sideration, before  they  have  returned  their  verdict ;  and 
wheii  they  have  agreed  upon  a  verdict,  they  shall  return 
it  to  the  court.(7)     If  any  juror  shall  converse  with  any  Misconduct  oi 
person  concerning  the  cause,  except  his  fellows,  while  it Jur 
is  under  consideration,  or  shall  voluntarily  suffer  any 
other  person  to  converse  with  him,  such  verdict,  on  mo- 
tion, may  be  set  aside,  and  the  court  before  whom  such 
action  is  pending,  shall  cause  such  juror  to  come  before 
them,  and  if,  on  due  enquiry,  they  shall  find  him  guilty, 
the  court  shall  inflict  on  him  a  fine  of  seven  dollars,  for* 
the  use  of  the  state  ;  and  if  any  juror  shall  be  convicted  a 
second  time  of  such  offence,  he  shall  be  forever  disqualifi- 

the  present  statute,  that  the   court  will  the  court  to  con  fine- the  jury,  in  the  same 

have  the  power  to  sum  up  the  evidence,  manner  as  in  England,  yet  a  practice  was 

explain  the  testimony,  and  direct  the  jury  adopted,  to  permit  the  jury  to  adjourn,  to- 

in  questions  of  \tvr,    in   the   manner  best  separate,  and  to  take   refreshments,  so  as 

calculated  to  lead  them  to  a  correct  de-  to  give  them  a  reasonable  opportunity  to 

termination.  consider  the  cause  committed  to  them, 

(7)  By  a  statute  in  the  revised  code  of  and  to  agree  upon  their  verdict.      The 

1702,  the  jury  were  to  be  confined  in  the  practice  under  the  former  statute  has  heen 

cuslody  of  an  officer,   appointed   by  the  sanctioned  by   a  judicial    determination, 

court,  till  they  had  agreed  upon  a  verdict.  and  the  present  statute  is  made  conform- 

Ihough  the  statute  would  have  perrnitt&d  able  to  it.     1  Conn,  Rep.  402.  n. 


Title  2.     Actions  Civil. 


Of  officer  OP 
jurors. 


"Parties    may 
agree  to  try 
issues  in  fact, 
by  the  court. 


Court  to  de- 
cide issues  in 
law 


Damages  on 
penal  bonds. 


Judgment  up- 
on bonds,  the 
breach  of 
which  may 
happen  at  dif- 
ferent times. 


Scire-facias 
for  further 
breach. 


ed  to  sit  as  a  juror  in  any  case  whatever.  And  if  the  of- 
ficer appointed  to  attend  on  the  jury,  or  any  of  the  jurors, 
shall  be  guilty  of  any  disorderly  conduct,  or  shall  neglect 
and  refuse  to  perform  their  respective  duties,  or  shall  dis- 
obey the  orders  of  the  court,  then  the  court  may  inflict  a 
fine  on  such  officer  or  juror,  not  exceeding  four  dollars. 

SECT.  66.  In  all  actions  pending  before  the  superior 
and  county  courts,  where  the  parties  shall  join  issue  upon 
any  matter  of  fact,  and  agree  to,  and  do,  put  themselves 
on  the  court,  for  the  trial  of  such  issue,  the  judges  of  such 
court  shall  have  power  to  hear  and  try  the  same,  without 
a  jury,  and  to  award  damages  and  costs,  and  grant  exe- 
cution thereon,  in  the  same  manner,  and  on  the  same 
principles,  as  in  trials  by  jury. 

SECT.  67.  In  all  cases  where  the  parties  join  in  demur- 
rer, or  in  an  issue  in  law,  the  same  shall  be  heard  and 
determined  by  the  judges  of  the  court:  and  the  court  shall 
render  judgment  on  all  verdicts  of  the  jury,  according  to 
their  finding,  with  cost,  unless  the  same  shall  be  set  aside. 
And  in  all  cases  where  judgment  is  rendered  otherwise 
than  on  verdict,  in  favor  of  the  plaintiff,  the  court  shall 
assess  and  award  the  damages  he  shall  recover. 

SECT.  68.  In  actions  on  penal  bonds,  containing  condi- 
tions which  have  been  forfeited  and  broken,  the  court, 
or  jury,  when  tried  by  the  jury,  shall  find  and  assess  such 
damages  as  are  justly  and  equitably  due,  and  judgment 
shall  not  be  rendered  for  the  whole  penalty,  unless  it  ap- 
pear to  be  due.  And  if  upon  a  bond  with  conditions,  the 
breach  of  which  may  happen  at  different  times,  a  suit  be 
brought  upon  the  first  breach  of  such  conditions,  the 
court,  upon  the  forfeiture  of  such  bond  found  on  trial, 
demurrer,  confession,  or  otherwise,  shall  render  judg- 
ment for  what  is  due  in  equity,  at  the  time,  with  cost, 
and  award  execution  thereon.  And  upon  any  further  or 
other  breach,  or  neglect  of  performance  of  any  other 
particular,  in  the  condition  annexed  to,  or  indorsed  upon 
said  bond,  the  obligee,  his  executors  or  administrators, 
may  take  out  a  scire-facias  against  the  obligor,  his  exe- 
cutors, or  administrators,  from  the  clerk  of  the  court  in 
which  the  judgment  was  given,  to  shew  cause  why  exe- 
cution should  not  be  awarded  for  the  money  then  due, 
or  damages  then  sustained  :  and  the  court  shall  render 
judgment  for  what  shall  appear  to  be  due  in  equity,  and 
grant  execution  thereon  ;  and  so  from  time  to  time,  till 
all  the  particulars  mentioned  in  the  condition  are  per- 
formed and  completed  :  provided,  that  the  whole  amount 
of  such  judgment  shall  not  exceed  the  penalty  in  thr 
bond  with  interest. 


Title  '2.     ^ictioiia  Civil.  .j3 

.SKCT.  09.  All  actions,  wherein  the  matter  in  demand  Final  jurisdic- 
iloes  not  exceed  the  value  of  seventy  dollars,  and  all  ac- 
tions  brought  on  bond  or  note,  given  for  the  payment  of 
money  only,  vouched  by  t\vo  witnesses,  (except  such 
matters  as  may  be  tried  by  a  justice  of  the  peace)  shall 
be  heard,  and  finally  determined,  by  the  county  court. 

SECT.  70.  In  any  action  brought  to  and  tried  by  the  Appeals  from 
county  court,  wherein  the  title  of  land  is  drawn  in  ques-  coun  y  cour 
lion,  and  determined,  or  wherein  the  debt,  damage,  or 
matter  in  dispute  shall  exceed  the  value  of  seventy  dol- 
lars, (except  it  be  on  bond  or  note,  vouched  by  two  wit- 
nesses,) if  either  party  shall  be  aggrieved  by  the  sen- 
tence or  judgment  of  such  court,  an  appeal  shall  be  al- 
lowed to  the  next  superior  court  in  the  same  county  : 
and  in  actions  of  trespass  qua  re  clausumfregit,  wherein 
the  damages  demanded  shall  be  less  than  seventy  dollars, 
brought  to  the  county  court,  in  which  the  title  of  lands 
shall  be  in  question  between  the  parties,  it  shall  be  the 
duty  of  such  county  court,  on  the  trial  thereof,  to  cause  a 
record  to  be  made,  that  the  title  of  lands  was  in  question 
in  such  action,  and  thereupon  an  appeal  shall  be  allowed 
to  the  superior  court,  as  in  other  cases  ;  and  such  ap- 
peals shall  be  entered  during  the  term  of  the  sitting  of  the 
court  from  whence  they  shall  be  made  ;  and  sufficient 
frond,  with  surety,  shall  be  given,  by  the  party  appealing,  Bond  on  ap- 
to  the  adverse  party,  to  prosecute  such  appeal  to  etiect,  Pea 
and  answer  all  damages  in  case  he  make  not  his  plea 
good.  And  all  appeals  to  the  superior  court  shall  be  en- 
tered before  the  second  opening  of  said  court,  and  not  af- 
ter, unless  the  appellant  shall  pay  to  the  appellee  all  his 
cost  in  such  case  arisen  to  that  time,  which  shall  not  be 
refunded,  however  the  cause  may  eventually  be  determin- 
ed :  \qj}ich  cost,  being  taxed  and  paid,  the  action  may  be 
entered  by  the  appellant,  before  the  jury  attending  such 
court  are  dismissed,  and  not  after  :  and  if  the  appellant 
do  not  enter  his  appeal  before  the  jury  are  dismissed, 
the  appellee  may  enter  the  same  after  the  jury  are  dis- 
missed, and  have  the  judgment  of  the  county  court  af- 
firmed, with  additional  cost,  and  execution  granted  ac- 
cordingly. 

SECT.  71.  Whenever  an  appeal  is  taken  from  the  coun-  Actions,  when 
ty  court  to  the  superior  court,  in  an  action  not  appeal-  re:nanded 
able,  the  superior  court  shall  remand  it  to  the  county 
court,  from  whence  it  came,  by  appeal,  and  such  county 
court,  on  the  remanding  thereof,  may,  on  motion,  for  any 
pist  and  reasonable  cause  appearing,  grant  a  new  trial 
thereon,  or  make  such  order  as  to  justice  shall  appertain. 
And  if  the  superior  court  render  a  judgment  in  a  cause 
appealed  as  aforesaid,  and  the  same  is  brought,  by  way 


54 


Title  2.     Actions  Civil. 


Appeal  from 
justices  of  the 
peace,   where 
the  right  of 
water  or  pas- 
sage  is  con- 
cerned. 


Removal  of 
actions  on 
plea  of  title  be- 
fore justice  of 
the  peace. 


*-&~*t  Si 


y 


of  error  or  complaint,  before  the  supreme  court  of  errors^ 
and  is  by  such  court  reversed,  on  the  ground  of  it?  ^of 
having  been  appealable,  it  shall  be  the  duty  of  said  su- 
preme court,  to  remand  the  same  to  the  county  court  as 
aforesaid  ;  and  thereupon  the  said  county  court  may,  on 
motion  grant  a  new  trial  thereon,  or  make  order  on  the 
same  as  aforesaid. 

SECT.  72.  In  all  actions  brought  before  any  justice  of 
the  peace,  demanding  not  more  thau  seven  dollars  dama- 
ages,  charging  the  defendant  with  raising  or  obstructing  the 
waters  of  any  stream,  river,  creek,  or  arm  of  the  sea,  by 
the  erection  of  any  mill,  dam,  or  other  obstructions,  in 
which  the  defendant  shall  justify  the  same,  by  a  special 
plea,  stating  or  alleging  a  lawful  right  ;  and  in  all  actions 
brought  before  any  justice  of  the  peace,  demanding  not 
more  than  seven  dollars  damages,  charging  the  defendant 
with  an  injury  done  to  land,  in  which  the  defendant  shall 
justify  the  same  by  a  special  plea,  stating  or  alleging  a 
right  of  way ;  the  party  who  shall  be  aggrieved  by  the 
judgment  of  such  justice  of  the  peace,  shall  be  allowed 
an  appeal  to  the  next  county  court,  in  the  same  county, 
on  giving  a  bond,  with  sufficient  surety,  to  prosecute  his 
appeal  to  effect.  And  the  party  who  shall  be  aggrieved 
by  the  judgment  of  such  county  court,  shall  be  allowed; 
an  appeal  to  the  next  superior  court,  in  the  same  county,, 
on  giving  bond,  with  sufficient  surety,  to  prosecute  his 
appeal  to  effect ;  and  the  defendant,  in  all  actions  appeal- 
ed as  aforesaid,  shall  not,  without  liberty  of  such  county, 
or  superior  court,  amend,  alter,  or  change  the  plea  so 
made,  before  such  justice  of  the  peace. 

SECT.  73.  When,  in  an  action  of  trespass  quare  clau- 
sumfregit,  brought  before  a  justice  of  the  peace,  demand- 
ing not  more  than  seven  dollars  damage,  the  defcndant 
shall  justify,  by  a  plea  of  title  to  the  land,  a  record  shall 
be  made  thereof,  and  the  matter  of  fact  shall  be  taken  to 
be  confessed,  and  the  defendant  shall  become  bound  to 
the  adverse  party,  before  such  justice  of  the  peace,  with 
sufficient  surety,  in  a  recognizance  in  a  sum  not  exceed- 
ing seventy  dollars,  that  he  will  prosecute  his  plea,  and 
enter  such  cause  in  the  next  county  court,  in  the  county 
where  the  land  lies,  and  prosecute  the  same  to  cifect,  and 
pay  all  damages  and  cost,  if  he  fails  to  make  his  plea 
good  :  and  if  he  neglect  to  give  such  bond,  his  plea  shall 
be  rejected,  and  the  action  proceed.  And  it  shall  be  the 
duty  of  the  defendant,  when  he  has  pleaded  and  given 
bond  as  aforesaid,  to  obtain  certified  copies  of  the  prdf 
ceedings  before  the  justice  of  the  peace  ;  for  which  he 
shali  pay  the  same  fees  as  are  paid  to  clerks  of  courts  for 
copies,  and  to  enter  the  same  in  the  docket  of  such  county 


Title  2.     Actions  Civil.  55 

tourt,  before  the  second  opening  of  the  same  ;  and  if  he 
should  fail  to  do  it.  he  shall  be  liable,  on  such  recogni- 
zance, to  pay  to  the  plaintiff  all  the  damage  he  has  sus- 
tained. And  if  on  trial,  before  such  court,  he  shall  fail 
to  make  out  a  title  paramount  to  the  title  of  the  plaintiff, 
he  shall  pay  treble  damages  and  cost. 

SECT.  74.  In  all  actions  of  trespass,  and  trespass  on  the  Costs, 
case,  tried  in  any  county  or  superior  court,  if  the  dama- 
ges therein  found,  by  the  verdict  of  the  ,ury.  or  otherwise, 
shall  not  exceed  seven  dollars,  the  plaintiff  shall  recover 
no  more  cost  than  damages,  unless  the  title  of  land,  the 
right  of  way,  or  the  right  to  the  use  of  water,  is  in  ques- 
tion. And  in  all  actions  of  assault  and  battery,  and  of 
assault  and  battery  and  false  imprisonment,  and  of  sian- 
der,  in  wrhich  the  plaintiff  shall  recover  in  the  superior 
court,  by  verdict  of  the  jury,  or  otherwise,  a  sum  not 
exceeding  seventy  dollars,  he  shall  recover  no  cost,  which 
accrued  by  reason  of  the  appeal :  Provided,  that  when 
the  defendant,  in  any  of  the  actions  aforesaid,  shall  re- 
move such  action,  by  appeal,  from  a  justice  of  the  peace 
to  the  county  court,  or  from  the  county  court  to  the  su- 
perior court,  the  plaintiff,  on  recovering  final  judgment 
against  the  defendant,  shall  recover  his  full  costs  of  suit. 

SECT.  75.  Whenever  two  or  more  suits  or  actions  at 
law  shall  be  pending  in  the  same  court,  at  the  same  time,  ed. 
for  the  recovery  of  the  same  debt,  damage  or  demand  ;  or 
whenever  two  or  more  suits  shall  be  pending  before  the 
same  court,  at  the  same  time,  against  two  or  more  officers, 
upon  receipts  for  executions,  arising  from  the  same  ori- 
ginal judgment,  the  court  before  which  such  suits  shall 
be  pending,  shall  not  tax  or  allow  any  bills  of  costs,  in 
any  such  suit  or  suits,  unless  such  court  shall  be  of  opin- 
ion that  the  commencement  of  such  several  suits  was  ne- 
cessary to  secure  said  debt,  damages,  or  demand. 

SECT.  76.  The  superior  and  county  courts  shall  and  New  *lj?ls'.  .'• 
may,  from  time  to  time,  as  occasion  may  require,  and  as  g^nted 
by  them  shall  be  judged  reasonable  and  proper,  grant  new 
trials  of  causes  that  shall  come  before  them,  for  mis-plead- ' 
ing,  or  discovery  of  new  evidence,  or  for  other  reasonable 
cause,  according  to  the  common   and  usual  rules  and 
methods  in  such  cases.     When  the  superior  court  shall 
be  of  opinion  that  the  verdict  of  the  jury  is  against  the 
evidence  given  in  the  cause,  they  may.  at  their  discretion, 
make  a  statement  of  the  evidence,  and  report  the  same  ro 
the  supreme  court  of  errors,  in  the  county  where  5;.  ^fr- 
action is  pending,  at  their  next  session  5  and  if  such  court 
shall  be  of  opinion,  that  the  verdict  is  against  the  evidence 


..it>  Title  2.     Actions  Civil 

in  the  cause,  they  shall  have  power,  at  their  discretion, 
to  grant  a  new  trial.  (8) 

Writs  of  error.  SECT.  77.  Writs  of  error  may  be  brought  to  the  supe- 
rior court,  from  the  judgments  of  the  county  and  cit} 
courts,  and  of  justices  of  the  peace,  for  any  error  in  the 
same,  to  be  proceeded  with  according  to  the  course  oi 
the  common  law  :  and  when,  on  such  writ  of  error,  the 
judgment  of  the  inferior  court  shall  not  be  reversed,  but 
affirmed,  by  the  superior  court,  the  defendant  shall  recov- 
er cost  against  the  plaintiff:  but  if,  on  such  trial,  it  shall 
be  determined  that  the  judgment  complained  of  is  erro- 
neous, the  court  shall  reverse  and  set  aside  the  same,  and 
the  plaintiff  shall  recover  all  he  has  been  damaged  there- 
by ;  but  no  cost  on  the  writ  of  error,  in  case  of  a  reversal, 
shall  be  allowed  for  either  party. 

Proceedings  on      SECT.  78.  When  any  judgment  shall  be  reversed,  the 
reversal.  plaintiff  in  the  original  action,  on  which  such  erroneous 

judgment  was  given,  may  enter  his  action  in  the  said  su- 
perior court,  (unless  reversed  on  the  principle  that  shews 
the  action  cannot  be  sustained,)  where  it  shall  be  pro- 
ceeded with,  and  tried  in  the  same  manner,  as  if  it  had 
or  could  have  been  brought  there  by  appeal.  And  the 
whole  cost  in  the  said  action,  (excepting  the  cost  on  the 
writ  of  error,)  shall  be  allowed  and  taxed  in  favor  of  him 
who  shall  recover  final  judgment  :  provided,  that  when 
the  original  action  is  of  such  a  nature,  that  it  cannot  be 
tried  in  the  superior  court,  and  it  appears  that  further 
proceedings  may  be  had  in  the  county  court,  it  shall  be 
the  duty  of  the  superior  court  to  remand  the  same  to  the 
county  court,  in  which  such  erroneous  judgment  was  ren- 
dered, who  shall  proceed  therein  in  the  same  manner  as 
in  other  cases  of  the  like  kind,  brought  originally  to  said 
county  court. 

Interest  on  SECT.  79.  The  courts  having  cognizance  of  writs  of 

judgments  not  error,  upon  the  affirmance  of  any  judgment  or  decree,  or 

reversed.  upon  a  nonsuit  or  withdraw,    by  the  plaintiff  in  error, 

may,  according  to  their  discretion,  adjudge  and  decree  to 

the  defendant  in  error,  besides  his  cost,  the  interest  of  the 

money  delayed  by  such  writ  of  error,  and  grant  execu- 

tion accordingly. 

Signingof  writs      SECT.  80.  Writs  of  error  shall  be  allowed  and  signed. 
of  error.  by  the  judges  of  the  court,  to  which  they  are  returnable  : 


(8)  The  doctrine  was,  for  a  long  time,  1807,  (see  3  Day,  29.)  when  they  adopted 

recognized,  by  our  courts,  that  the  verdict  the  rule  that  the  court  should  instruct  the 

of  the  jury  was  conclusive,  and  that  a  new  jury  in  matters   of  law.     The  grantingjoi 

trial  could  not  be  granted,  because  it  was  new  trials,  where  the  verdict  was  agains: 

against  law,  or  evidence.     The  principle,  evidence,  was  settled  by  a  decision  of  the 

that  new  trials  should  be  granted  because  supreme  court  of  errors,  in    1816,  and  i* 

the  verdict  was  against  law,  was  recogni-  confirmed   and  modified,  by  this  statntf 

zed  by   the  supreme  court  of  errors,  ijn  1  Conn.  Rep.  472 


Title  2.     Actions  Civil  57 

and  the  judge  signing  the  writ  shall  take  good  and  suffi- 
cient bond,  with  surety,   that  the  plaintiff  in  error  shall  Bond  for  pro- 
prosecute  his  suit  to  effect,  and  answer  all  damages,  if  he  secutloa- 
fail  to  make  his  plea  good.     And  writs  of  error  shall  be  Service 
served  by  the  officer's  leaving  a  true  and  attested  copy 
thereof  with  the  defendant  in  error,  or  at  his  usual  place 
of  abode :  or  if  he  be  not  a  resident  of  this  state,   then 
with  the  attorney  who  appeared  in  the  original  cause. 
All  writs  of  error,  wherein  there  are  more  than  one  de-  Service  of 

fendant  in  error,  may  be  served,   by  leaving  a  true  and  wnts  oi  e7?r 
Jc   ,  „    -  on  several  de.- 

attested  copy  thereof,  by  some  proper  officer,  with  one  fendants. 

of  the  defendants  in  error,  or  at  his  or  her  usual  place  of  //&</  h  14 . 
abode,  and  on  the  other  defendant  or  defendants  in  er- 
ror, by  reading  the  same,  by  a  proper  officer,  in  his,  her 
or  their  hearing,  or  by  copy  in  manner  aforesaid.     And 
whenever  a  writ  of  error  is  to  be  served  on  the  petition-  W^  of  error, 
ers  for  a  highway,  it  shall  be  legal  service  for  the  writ  to  be  "f^"^*  ^ 
read  in  the  hearing  of  any  of  the  three  first  signing  petition-  highway,  on 
ers,  or  an  attested  copy  thereof  left  at  the  usual  place  of  whom,  and 
abode  of  either  of  the  said  three  first  signing  petitioners,  se°rved° 
twelve  days  inclusive  before  the  day  of  the  court's  sitting. 

SECT.  81.  Whenever  final  judgment  is  rendered  in  the  Party  entitled 
superior  court,  in  any  case  in  which  a  party  may  be  en-  to  writ  °'  er" 
titled  to  a  writ  of  error  therein,  to  the  supreme  court  of  motion^for  re- 
errors,  such  party  may,  in  the  same  term,   and  within  moval  of  re- 
twenty-four  hours  after  final  judgment,   file  his   motion  cord  to  tue  sut 
that  the  record  in  such  case  may  be  transmitted  to  the  erronf  ° 
next  supreme  court  of  errors,  which  would  have  cogni- 
zance of  a  motion  for  a  new  trial  in  said  case,  and  if,  on 
such  motion,  the  superior  court  shall  be  of  opinion  that 
the  same  is  not  intended  for  delay,  but  that  the  questions 
arising  on  the  record  are  such  as  entitles  the  party  to  a 
revision  thereof,  such  court  may  allow  the  motion,  if  the 
party  moving  shall  give  sufficient  security,   by  recogni-  Recognizance 
zance,  to  the  adverse  party,  to  pay  all  damages,  ifjie  fail 
to  prosecute  the  same  to  effect ;  and  thereupon  a  copy 
of  the  record  shall  be  entered  on  file  in  the  next  supreme 
court  of  errors,  who  shall  proceed  therein  in  the  same 
manner  as  on  a  writ  of  error. 

SECT.  82.  All  executions  issued  by  the  clerks  of  the  Executions, 

superior  court,  or  of  the  county  courts,  or  by  justices  of  h°7  directed, 

J      a-  J  J  and  when  to  b* 

the  peace,  may  be  directed  to  any  officers  proper  to  serve  returned. 

the  same,  in  any  of  the  counties  in  the  state  ;  and  the  of- 
ficers to  whom  the  same  are  directed  and  delivered,  shall 
duly  and  faithfully  serve  and  return  the  same,  according 
to  the  directions  therein  given ;  which  being  returned, 
shall  be  kept  on  file  in  the  office  out  of  which  they  issued. 
And  all  writs  of  execution  shall  be  made  returnable  with- 
in sixty  days,  or  to  the  next  court,  (in  case  sixty  days  are 

10 


Executions, 
how  served. 


/r  f.  <Jf  - 


ecution. 
/#.£•£-.• 


Title  '2.     Actions  Civil. 

remaining  between  the  next  court  and  the  date  of  the 
execution,)  at  the  election  of  him  who  prays  out  the 
same  :  and  all  executions  granted  by  justices  of  the  peace, 
shall  be  made  returnable  in  sixty  days  :  and  all  sheriffs 
and  constables  shall  have  power  to  execute  any  writ  of 
execution  to  them  directed  within  their  own  precincts. 

SECT.  83.  Executions   shall  be  granted   against  the 
goods,  chattels,  lands  and  body  of  the  debtor  ;  and  when 
any  execution  is  taken   out  and  delivered  to  the  sheriff 
or   constable,  to  whom  it  is  directed  to  serve,  he  shall 
repair  to  the  debtor's  usual  place  of  abode,  if  within 
his  precincts,  unless  he  findshim  at  some  other  place,  and 
make  demand  of  the  debt,  or  sum  due  on  such  execution, 
with  his  lawful  fees,  and  upon  refusal  or  neglect  of  pay- 
ment of  the  same,  such  officer  shall  indorse  on  the  execu- 
tion when  and  where  he  made  demand  of  the  debt  and 
sum  due  thereon,  and  shall  levy  the  same  on  the  personal 
estate  of  the  debtor,  except  such  estate  as  is  hereinafter 
cxempted  from  execution  or  warrant ;  and  on  such  es- 
tate also,  if  the  same  shall  be  presented  by  the  debtor. 
And  the  officer  shall  advertise  and  post  such  estate,  with 
-a  particular  account  thereof,  on  the  sign-post  in  the  soci- 
fety  where  taken,  to  be  there  sold  at  public  vendue,  at 
*23  the  end  of  twenty  days,  specifying  the  day  of  the  month 
when  the  sale  is  to  take  place.     And  in  such  societies  as 
are  made  out  of  two  or  more  towns,  the  constables  of  such 
towns  shall  have  the  same  power  and  authority,  where 
the  sign-post  shall  be  without  the  limits  of  the  society  to 
which  they  belong,  as  other  constables  by  law  have  within 
their  respective  districts.     And  in  case  the  debtor  shall 
not,  within  said  twenty  days,  pay  the  debt,  and  all  the 
cost  and  charges,  that  have  arisen,  the  officer  shall  sell, 
at  beat  of  drum,  to  the  highest  bidder,  such  goods,  or  so 
many  of  them,  as  may  be  necessary  to  pay  the  execution, 
and  the  lawful  fees  and  expenses,  and  the  overplus,  (if  any 
there  be)  he  shall  return  to  the  owner.     Provided,  that 
necessary  apparel,    bedding,  and  household    furniture, 
*ex-   necessary  for  supporting  life;    arms;   military  equip- 
ments ;  implements  of  the  debtor's  trade ;  one  cow :  any 
number  of  sheep  not  exceeding  ten  ;    and  two  swine ; 
being  the  property  of  one  person  :  that  any  quantity  of 
wood  not  exceeding  two  cords  ;  any  quantity  of  hay  not 
exceeding  two  tons ;  any  quantity  of  beef  or  pork  not 
exceeding  two  hundred  pounds  weight ;  any  quantity  of 
fish  not  exceeding  two  hundred  pounds  weight ;  any  quan- 
tity of  potatoes  or  turnips  not  exceeding  five  bushels  of 
each  ;  any  quantity  oflndian  corn  or  rye  not  exceeding 
ten  bushels  of  each,  and  the  meal  or  flour  manufactured 
therefrom;  any  quantity  of  wool  ox  flax  not  exceeding 


Title  2.     Actions  Civil.  .39 

twenty  pounds  weight  of  each,  or  the  yarn  or  cloth  made 
therefrom ;  one  stove,  and  the  pipe  belonging  thereto ; 
being  the  property  of  any  one  person  having  a  wife  or 
family  :  and  that  the  horse,  saddle  and  bridle  of  any  prac- 
tising physician  or  surgeon,  of  a  value  not  exceeding  one 
hundred  dollars,  shall  be  exempted,  and  not  be  liable 
to  be  taken,  by  warrant  or  execution,  for  any  debt  or  tax 
whatever. 

SECT.  34.  In  case  personal  estate  of  the  debtor,  suffi-  When  to  be 
cient    to  satisfy  the  debt  and  charges  cannot  be  found,  levied  on  the 
and  the  creditor  shall  not  agree  to  accept  or  take  the    °  J ' 
debtor's  lands,  the  officer  shall  levy  the  execution  on  the 
body  of  the  debtor,  and  him  commit  to  the  common  gaol 
in  the  county  in  which  the  execution  is  levied,  where  he 
shall  remain  till  he  pay  the  debt,  and  the  lawful  fees  and 

charges.     And  every  officer  who  shall  commit  any  person  „ 

,  T        •   ,       J  p  T   ,  ,.          i     1 1  j   T          Copyofexecu- 

to  prison,  by  virtue  of  distress  or  execution,  shall  deliver  tj0n  to  be  left 

a  copy  of  the  writ  or  execution,  signed  by  such  officer,  to  with  gaoler, 
the  keeper  of  the  gaol,  which  shall  be  a  sufficient  warrant 
to  him  to  hold  such  person  in  safe  custody,  till  he  be  de- 
livered in  due  course  of  law. 

SECT.  85.  When  personal  estate,  sufficient  to  pay  the  ^vh.en,  tote 
sum  mentioned  in  the  execution,  and  the  lawful  fees  and  aen(j  now  to 
charges,  cannot  be  found,  by  the  officer,  or  shall  not  be  proceed, 
tendered  by  the  debtor,  or  his  attorney,  to  be  taken  on 
such  execution,  then  such  officer,  by  the  direction  of  the 
creditor,  or  his  attorney,  may  levy  the  same  on  the  lands, 
tenements  or  real  estate  of  the  debtor,  holden  in  his  own 
right,  and  the  same  shall  be  appraised,  by  three  indifferent 
freeholders  of  the  town  where  the  lands  lie,  or  if  that 
town  be  a  party,  then  of  the  next  adjoining  town,  one  of 
whom  shall  be  appointed  by  the  creditor,  and  another  by 
the  debtor,  and  if  they  do  not  agree  in  appointing  a  third, 
or  if  either  party  neglect  to  appoint,  the  officer  may  ap- 
ply to  any  justice  of  the  peace  in  the  town,  (who  by  law 
may  judge  between  them  in  civil  causes,)  who'  shall  ap- 
point one  or  more  appraisers,  as  the  case  mVy  require  : 
which  appraisers,  being  sworn  according  to  law,  shall 
make  an  estimate  of  such  land  or  real  estate,  according 
to  its  true  value,  in  writing  under  their  hands,  or  either 
two  of  them,  and  the  same  deliver  to  such  officer  :  who 
shall  thereupon  set  out  to  the  creditor,  by  metes  and 
bounds,  so  much  of  the  lands  as  may  be  sufficient,  at  the 
appraisal,  to  pay  the  debt  on  the  execution,  and  the  law- 
ful charges,  if  sufficient,  if  not,  so  much  as  there  may  be, 
to  be  indorsed  in  part  payment  of  the  execution,  accord- 
ing to  its  value  at  its  appraisal,  (9) 

(9)  In  consequence  of  the  extreme  scar-  other  mode  for  the  satisfaction  of  cxecu- 
city  of  specie  in  a  newly  settled  country,  lions.  Accordingly,  a  law  was  made  in 
It  became  nece??ary  to  provide  ?om^  161).  enacting;  that  a  judgment-creditor, 


To  be  record 
ed. 


Return, 


When  county 
court  may  di- 
rect execution 
to  indifferent 
persons. 


When  execu- 
tion must  be 
levied  on  body 
of  debtor  com- 
mitted to  pris- 
on. 


Levy  of  execu- 
tion on  stock  of 
incorporated 
companies. 


Title  2.     Actions  Civil. 

SECT.  86.  It  shall  be  the  duty  of  the  officer  to  cause 
such  execution,  with  his  proper  indorsement  thereon,  of 
such  appraisal,  and  his  proceedings,  to  be  recorded  at 
length,  in  the  records  of  the  town-clerk,  where  the  lands 
or  real  estate  lie  ;  and  he  shall  have  thirty-four  cents  for 
causing  the  same  to  be  recorded,  with  additional  fees  for 
his  travel :  and  he  shall  then  return  such  execution  into 
the  office  of  the  clerk  of  the  court  from  whence  it  issued, 
there  to  be  kept  on  file.  And  all  executions  served,  re- 
turned,  and  recorded  as  aforesaid,  shall  vest  all  the  title 
of  the  debtor,  in  the  creditor,  his  heirs  and  assigns. 

SECT.  37.  When  the  sheriff  of  any  county  shall  receive 
executions  from  the  treasurer  of  the  state,  against  the  in- 
habitants of  any  town  or  towns,  for  the  arrears  of  public 
taxes,  and  shall  levy  the  same  on  the  estate  of  such  in- 
habitants, or  any  part  of  them,  and  take  their  receipts  for 
such  estate,  to  be  delivered  at  the  place  of  sale,  according 
to  law,  and  on  the  failure  of  the  delivery  of  such  estate, 
shall  obtainjudgment  and  execution  thereon,  against  the 
inhabitants  of  such  towns,  or  any  part  of  them,  the  judges 
of  the  county  court,  in  the  county  where  the  parties  be- 
long, may,  at  the  request  of  the  sheriff,  depute  and  em- 
power some  suitable  and  indifferent  person,  to  serve  and 
return  such  executions  :  which  persons,  deputed  as  afore- 
said, shall  have  the  same  power  and  authority,  in  serving 
such  executions,  as  sheriffs  by  law  have.  And  such  sher- 
iff shall  be  responsible  for  any  neglect  or  default  of  every 
person,  deputed  at  his  request  as  aforesaid,  in  the  same 
manner  as  for  his  deputies. 

SECT.  88.  When  the  body  of  any  person  is  attached, 
and  for  want  of  bail  is  committed  to  prison,  the  person  so 
committed  shall  not  be  holden  in  prison,  by  virtue  of  such 
commitment,  for  a  longer  time  than  five  days  after  the 
rising  of  the  court  in  which  final  judgment  shall  be  ren- 
dered ;  and  in  case  no  execution  shall  be  taken  out,  and 
levied  upon  the  person  of  such  imprisoned  debtor,  within 
five  days  as  aforesaid,  the  keeper  of  the  gaol,  upon  his 
fees  being  paid,  may  not  hold  such  prisoner  any  longer, 
by  virtue  of  such  commitment. 

SECT.  89.  The  levy  of  executions   on  the  rights  or 
shares,  which  any  person  owns  in  the  stock  of  any  bank 
insurance  company,  turnpike  company,  or  other  corpora' 


when  execution  was  levied  upon  the 
goods  of  a  debtor,  should  take  them  at 
appraisal.  In  1685,  the  sheriff  Was  au- 

onsed  to  sell  the  goods  taken  on  exe- 
cution, for  the  specific  property  originally 
contracted  to  be  paid,  and  the  debtor 

d  liberty  to  redeem  it  whbin  sixty  days. 


In  the  revision  of  1792,  the  law  directs 
the  sale  of  goods  on  an  outcry  for  money, 
and  gives  the  debtor  a  right  to  redeem 
within  twenty  days,  by  paying  the  debt 
In  1711,  a  statute  was  made,  containing, 
in  substance,  the  provisions  of  the  present 
law. 


I 


Title  2.  Actions  Civil.  61 

tion,  together  with  the  interest,  rent  and  profits  due  and 
growing  due  thereon,  shall  be,  by  leaving  a  true  and  at- 
tested copy  thereof  with  the  cashier,  secretary  or  clerk, 
with  an  attested  certificate,  by  the  officer  making  such 
levy,  that  he  levies  upon  and  takes  such  rights  or  shares, 
to  satisfy  such  execution ;  and  thereupon  such  officer  shall 
post  the  same  according  to  law,  and,  as  in  other  cases, 
shall,  at  vendue,  sell  the  same,  together  with  such  inter-  shares  to  be 
osts,  rents  and  profits,  or  so   many  thereof,  as  shall  be  sold  at  auction, 
sufficient  to  satisfy  such  execution,  or  so  much  thereof  as 

such  rights  or  shares  may  produce ;  and  such  officer  shall  Officer  to  trans- 

,11  ,  •  -j     fer  shares,  and 

thereupon  give  to  the  purchaser,  an  instrument  in  writ-  leave  cop'y   of 

ing,  conveying  to  him  such  rights  or  shares  ;  and  shall  execution,  &,c 
also  leave  with  such  cashier,  secretary  or  clerk,  a  true  ™ith  cashier, 
and  attested  copy  of  the  execution,  and  of  his  return 
thereon  ;  and  the  purchaser  shall  thereupon  be  entitled 
to  all  dividends  and  stock,  and  to  the  same  privileges,  as 
a  member    of  such    company  or  corporation,  as   such 
debtor  was  entitled  to.     And  whenever  any  proper  offi- 
cer shall,  with  a  writ  of  attachment  or  execution,  apply 
to  such  cashier,  secretary  or  clerk,  for  the  purpose  of  so  Cashier.  &c.  oh 
attaching  or  levying  upon  such    rights  or    shares,  the  application  of 
cashier,  secretary  or  clerk  shall  furnish  him  with  a  certi-  ^-K^e ^    °ertjfii 
ficate,.  under  his  hand,  in  his  official  capacity,  ascertain-  cate  of  defend- 
ing the  number  of  rights  or  shares  the  defendant  holds  in  ant's  shares,  &c, 
the  stock  of  such  bank,  company  or  corporation,  with  the 
incumbrances  thereon,  if  any  there  be,  and  the  amount  of 
the  dividends  thereon  due. 

SECT.  90.  When  any  bank,  incorporated  by  authority  Attachment,  or 
of  this  state,  has  no  cashier,  or  the  cashier  is  absent  there-  leyy  of  execu- 
from,  or  any  insurance  company,  turnpike  company,  or  ||,0enr'e  w£ ^ 
other  company  incorporated  by  the  laws  of  this  state,  has  cashier,  clerk, 
no  secretary  or  clerk  therein,  then  the  rights  or  shares,  &c- 
which  any  person  may  own  in  the  stock  of  any  such  cor- 
poration, may  be  attached,  by  leaving  a  true  and  attested 
copy  of  the  writ  of  attachment,  by  the  officer  serving  the 
same,  with  his  proper  endorsement  thereon,  or  be  taken 
by  execution,  by  leaving  the  copies  of  such  execution 
and  certificates  before  and  after  sale,  in  said  act  prescrib- 
ed,  at   the   banking-house,  toll-house,    manufacturing- 
house,  or  other  principal  house  or  place  in  this  state, 
where  such  corporation  transact  their  business,  or  ex- 
ercise their  corporate  powers ;  instead  of  leaving  the 
same  with  the  cashier  of  such  bank,  or  with  the  secretary 
or  clerk  of  such  company,  as  in-this  act  is  required. 


(52  Title  3.     Arbitration. 


TITLE  3.     Arbitration. 

An  Act  authorising  submissions  to  Arbitration 
to  be  made  rules  of  court. 

TTJ  E  it  enacted  by  the  Senateand  House  of  Rep- 
JLB  resentatives,  in  General  Assembly  conn ened, 
That  all  persons  desiring  to  end  any  dispute  or  contro- 
versy, by  arbitration,  may  agree,  that  their  submission  to 
arbitrators  shall  be  made  a  rule  of  the  superior  court,  or 
of  any  of  the  county  courts,  or  city  courts,  and  may  insert 
their  agreement  in  the  submission,  or  in  the  condition  of 
the  bond  or  promise  ;  and  on  producing  an  affidavit  of 
such  agreement,  and  filing  it  in  court,  the  same  shall  be 
Submission        entered  of  record ;  and  a  rule  of  court  shall  thereupon  be 
made  a  rule  of  made,  that  the  parties  shall  submit  to,  and  be  finally  con- 
court,  eluded  by,  such  arbitration  :   or  such  persons,  desiring  to 
end  a  controversy  as  aforesaid,  may  personally  appear 
before  the  superior  court,  or  any  county  court,  or  city 
court,  and  acknowledge,  that  they  have  mutually  agreed 
to  refer  all  their  matters  of  difference,  or  any  particular 
dispute,  to  the  arbitrament  of  certain  persons  by  them 
agreed  on,  and  named  ;  and  on  their  desiring  such  sub- 
mission to  be  made  a  rule  of  court,  the  same  may  be  en- 
tered of  record,  and  a  rule  of  court  shall  thereupon  be 
made,  that  the  parties  shall  submit  to,  and  finally  be  con- 
cluded by,  such  arbitration  ;  and  in  either  of  the  above 
cases,  the  award  of  the  arbitrators  being  returned  into 
Judgment  on     court,  and  accepted  by  the  same,  judgment  shall  be  ren- 
award.              dered  thereon,  for  the  party  in  whose  favor  the  award  is 
made,  to  recover  the  sum  awarded  to  be  paid  to  him,  with 
additional  costs,  and  execution  shall  be  granted  accord- 
ingly, if  the  party  against  whom  the  award  is  made,  shall 
neglect  or  refuse  to  perform  the  same. 

Reference  of  SECT.  2.  When  any  personal  action  shall  be  pending 
actions  pending  m  court,  if  the  parties  desire  to  refer  the  same  to  arbi- 
tration, each  may  choose  one  person  to  be  an  arbitrator, 
and  the  court  may  appoint  a  third ;  and  the  award  of  such 
arbitrators,  returned  into  court,  and  accepted,  shall  be  an 
end  of  such  controversy,  and  judgment  shall  be  rendered 
pursuant  to  the  same,  and  execution  granted  thereon,, 
with  cost. 

Witnesses  be-        SECT.  3.  When  disputes  shall  be  submitted  to  arbitra- 
i ore  arbitrators.  -•        i  ,-,,  i«  i       c  *.  .a 

tion,  by  act  of  the  parties,  or  rule  ol  court,  the  necessary 

witnesses  may  be  summoned,  and  sworn,  and  shall  be  re- 
sponsible to  the  parties  for  refusing  to  attend,  as  in  trials 
at  law  ;  and  if  guilty  of  false  swearing,  shall  be  punisha- 
ble in  the  same  manner  as  for  perjury. 


Title  4.     Auction .  63 

TITLE  4.    Auction. 

An  Act  imposing  a  duty  on  sales  at  auction,  in 
certain  cases. 

HI  E  it  enacted  by  the  Senate  and  House  ofRe.p- 
_D  resentatives  in  General  Assembly  convened, 
That  there  shall  be  levied,  and  collected,  and  paid  for  the  Duty  of  two 
use  of  this  state,  upon  all  sales  by  way  of  auction,  of  goods,  sf/j^at  auc™ 
wares,  ormerchandize,  of  foreign  growth,  produce,  or  man-  tion  of  foreign 
ufacture,  two  per  cent,  of  the  purchase  mone3r,  arising  by  goods, 
sale  at  auction,  of  such  goods,  wares,  ormerchandize,  tobe 
paid  by  the  auctioneer,  or  person  making  such  salesatauc- 
tion,  out  of  the  monies  arising  from  each  and  every  such 
sale,  to  the  clerk  of  the  civil  authority  of  the  town  in  which  Limitation, 
such  sales  are  made :  Provided  always,  that  nothing  in 
this  act  contained,  shall  extend  to  any  sale  or  sales  by 
auction,  of  seal  skins,  or  whale,  or  spermaceti,  or  ele- 
phant or  fish  oil,  or  fish  or  whale-bone,  taken  and  import- 
ed by  citizens  of  this  state  ;  or  of  goods,  wares,  and  mer- 
chandize, made  pursuant  to,  or  in  execution  of,  any  rule, 
order,  decree,  sentence,  or  judgment  of  any  court ;  or 
made  in  virtue,  or  by  force  of  any  law,  touching  the  col- 
lection of  any  tax  or  duty,  either  of  this  state  or  the 
United  States  :  or  the  disposal  of  property,  by  auction, 
belonging  either  to  this  state  or  the  United  States  ;  or 
made  in  consequence  of  any  bankruptcy  or  insolvency, 
pursuant  to  any  law  concerning  bankruptcies  or  insol- 
vencies ;  or  made  in  consequence  of  any  general  assign- 
ment of  property  and  effects,  for  the  benefit  of  creditors  ; 
or  made  by,  or  on  behalf  of,  any  executor  or  administra- 
tor, or  executors  or  administrators. 

SECT.  2.  No  person  shall  exercise  the  business  of  an  Auctioneer  of 
auctioneer,  by  the  selling  of  any  goods,  wares,  merchan-  foreign  goods 
dize  of  foreign  growth,  produce,  or  manufacture,  where-  to  be  licenseii 
by  the  best  and  highest  bidder  is  deemed  to  be  the  pur- 
chaser, unless  such  person  shall  have  a  license  therefor, 
from  the  civil  authority  of  the  town  in  which  he  intends  to 
exercise  said  business,  signed  by  the  clerk  of  said  board  of 
civil  authority,   on  pain  of  forfeiting  to  the  treasury  of 
this  state,  for  every  such  sale,  the  sum  of  fifty  dollars,  to-  Penalty  for 
gether  with  the  sums  or  duties  payable,  by  this  act,  upon  ou't'ilfense11 
the  goods,  wares,  or  merchandize  so  sold  without  license  : 
Provided  however,  that  nothing  herein  contained,  shall  Limitation, 
be  construed  to  require  a  license  for  the  sale  at  auction 
of  any  goods,  chattels,   or  other  thing,  which  by  this  act 
are  not  made  liable  to  duty,  or  are  exempted  from  duty. 


64 

Civil  authority 
to  grant  li- 
cence. 


Title  5.     Bail. 


Applicant  to 
give  bond, 
with  surety. 


Condition  of 
bond. 


Clerk's  fee. 


Auctioneer  to 
render  ac- 
count quarter- 
ly- 


pay 
over  duties  to 
the  state 
treasurer,  by 
the  10th  of 
May  annually. 

License  to  be 
valid  for  one 
year  only. 


Bail,  when  to 
be  taken. 


SECT.  3.  The  civil  authority  of  the  several  towns  in  this 
state,  are  hereby  authorized  to  grant  a  licence  to  exer- 
cise the  business  of  an  auctioneer  of  goods,  wares,  and 
merchandize  of  foreign  growth,  produce,  or  manufacture. 
within  their  respective  towns,  to  any  inhabitant  of  this 
state,  who  shall  apply  for  the  same  ;  provided  Ihe  person 
so  applying  shall  first  give  bond,  with  good  surety,  in  the 
sum  of  three  hundred  dollars,  to  the  acceptance  of  the 
civil  authority  in  the  town  in  which  he  resides,  payable 
to  the  treasurer  of  this  state,  conditioned  that  the  person 
applying  for  such  license  will  duly  pay  to  the  clerk  of 
said  board  of  civil  authority,  the  duties  imposed  by  this 
act,  on  or  before  the  first  Mondays  of  October,  January, 
April  and  July,  in  each  year,  and  shall,  in  all  other  re- 
spects, comply  with  the  requirements  of  this  act.  And 
the  clerk  of  any  board  of  civil  authority,  shall  be  entitled 
to  receive  the  sum  of  fifty  cents,  for  every  such  licence 
by  him  signed,  to  be  paid  by  the  person  who  applies  for 
such  license. 

SECT.  4.  Each  person,  licensed  as  aforesaid,  shall 
render,  on  oath,  to  the  clerk  of  the  civil  authority,  by 
whom  his  license  was  granted,  on  the  first  Mondays  of 
October,  January,  April,  and  July,  in  each  year,  a  true 
and  particular  account,  in  writing,  of  the  monies,  or  sums, 
for  which  any  goods,  wares,  or  merchandize,  made  liable 
to  duty  by  this  act,  have  been  sold,  at  every  sale  at  auc- 
tion, by  such  person,  and  of  the  several  articles,  lots,  and 
parcels,  which  shall  have  been  sold,  the  price  of  each  ar- 
ticle, lot,  or  parcel,  and  by  whom  purchased,  during  the 
three  months  preceding. 

SECT.  5.  The  clerks  of  the  different  boards  of  civil  au- 
thority, who  shall  have  received  any  duties  on  sales  at 
auction,  pursuant  to  the  provisions  of  this  act,  shall  annu- 
ally, on  or  before  the  10th  of  May,  pay  over  the  same  to 
the  treasurer  of  this  state. 

SECT.  6.  No  license,  granted  by  virtue  of  this  act,  shall 
be  of  any  validity,  for  any  longer  term  than  one  year 
from  the  date  thereof. 

Title  5.    Bail, 
An  Act  concerning  Bail  in  civil  actions, 


SECT.  1  .  "R"^  *'  enacted  ty  the  Senate  and  House  ofRep> 
Jj  rcsentatives  in  General  Assembly  convened, 
That  it  shall  be  the  duty  of  sheriffs,  deputy  sheriffs 
constables,  and  indifferent  persons  deputed  to  serve  writs 
of  attachment,  to  take  sufficient  bail,  when  offered  by  any 


Title  5.     Bail.  65 

person  by  them  arrested,  or  held  in  custody,  on  mesne  pro- 
cess, in  any  civil  action ;  which  bail  shall  be  one  or  more 
substantial  inhabitants  of  this  state,  of  sufficient  ability  to 
respond  the  judgment  that  may  be  recovered  in  the  ac- 
tion ;  who  shall  become  bound  to  such  officer,  in  a  suffi- 
cient sum,  conditioned  for  the  appearance  of  the  person, 
so  arrested,  before  the  court  to  which  the  writ  is  returna- 
ble, and  the  person  arrested  shall  thereupon  be  liberated 
from  such  arrest.  And  where  the  person  so  arrested  shall 
be  committed  togaol  on  mesne  process,  for  want  of  bail,  it 
shall  be  the  duty  of  the  sheriffhaving  charge  ofthe  gaol,  at 
any  time  before  the  session  of  the  court,  to  which  the 
writ  is  returnable,  to  take  good  and  sufficient  bail  as 
aforesaid,  when  offered,  for  the  appearance  of  suchperson 
before  such  court;  on  which  he  shall  be  released- from 
confinement  in  gaol. 

SECT.  2.  No  defendant,  whose  person  has  been  attach-  Defendant, 
ed  and  let  to  bail,  as  aforesaid,  shall  be  admitted  to  ap-  when  b1"1^ 
pear  and  plead  or  defend  in  such  action,  until  he  hath  in  ™i*hout  spe^ 
court  given  special  bail,  with  sufficient  sureties  as  afore-  cial  bail, 
said,  for  his  abiding  final  judgment  in  the  cause,  if  the 
plaintiff  require  the  same. 

SECT.  3.  When  any  defendant  committed  to  gaol,  for  When  persons 
want  of  bail  to  the  officer,  shall  remain  confined  therein  co 
after  the  term  to  which  the  writ  is  returnable  ;  or  where  bailed 
a  defendant,  committed  to  gaol  for  want  of  special  bail, 
shall  remain  confined  therein,  after  the  session  of  the 
court,  and  the  action  shall  be  continued,  it  shall  be  the 
duty  ofthe  sheriffhaving  charge  of  the  gaol,  to  take  bail, 
when  offered,  with  sufficient  sureties  as  aforesaid,  for  his 
abiding  the  final  judgment  that  shall  be  rendered  in  the 
cause  ;  and  thereupon  such  defendant  shall  be  released 
from  imprisonment, 

SECT.  4.  In  either  ofthe  cases  aforesaid,  every  such  When  belli? 
surety  or  sureties,  shall  be  obliged  to  satisfy  the  judment  liable- 
in  case  ofthe  principal's  avoidance,  and  a  return  of  non 
est  inventus  on  the  execution ;  unless  such  surety,  on  or 
before  the  time  of  entering  up  final  judgment,  shall  bring 
the  principal  into  court,  and  move  tobe  discharged;  upon 
which  the  court  shall  order  the  keeper  of  the  gaol  to  re- 
ceive him  into  custody,  that  his  body  may  be  taken  on 
execution. 

SECT.  5.  Ar>d  the  party  in  whose  favor  the  judgment  Suit  against 
is  given,  may  have  a  writ  of  scire-facias,  or  other  proper  surety- 
action,  on  the  bond  against  such  surety  or  sureties,  to  re- 
cover the  sum,  for  which  judgment  shall  be  rendered 
against  the  principal,  with  additional  cost;  provided  such 
writ  of  scire-f arias,  or  other  process  on  the  bond,  shall 
be  taken  out  and  served  upon  the  surety  or  sureties,  withr 

11 


456 


Title  6.     Banks. 


Officer  to  as- 


in  twelve  months  after  the  rendering  of  such  final  judg- 
ment.  And  the  surety,  against  whom  such  recovery  is 
had,  shall  have  his  proper  action  for  an  indemnity  against 
the  principal. 

SECT.  6.  It  shall  he  the  duty  of  the  officer  to  assign  the 
sign  bail  bond,  bail-bond  to  the  plaintiff,  on  his  request ;  and  no  action 
shall  he  maintained  against  the  officer  who  took  the  hail, 
unless  he  shall  have  taken  insufficient  bail,  or  shall  refuse 
to  assign  the  bail-bond  to  the  plaintiff,  that  he  may  have 
a  remedy  agreeably  to  this  act. 

SECT.  7.  And  in  case  of  bonds  given  for  the  prosecu- 
tion of  any  action  or  appeal,  the  surety  or  sureties,  shall 
be  liable  to  satisfy  the  cost  that  shall  be  recovered  against 
the  principal,  if  it  cannot  be  had  out  of  his  estate  :  to  be 
recovered  by  a  writ  of  scire-facias,  or  a  proper  action  on 
the  bond.  And  no  security  to  prosecute  an  appeal,  shall 
exonerate  the  special  bail  in  the  cause. 

SECT.  8.  In  all  cases,  where  any  person,  or  persons, 
have  executed  a  bail-bond,  or  entered  into  recognizance 
for  the  personal  appearance  of  another,  and  such  bail  ox- 
surety  shall  afterwards  believe  that  his  principal  intends  to 
abscond,  such  bail,  or  surety,  on  application  to  any  jus- 
tice of  the  peace,  in  the  county  in  which  such  principal 
resides,  and  producing  his  bail-bond,  or  evidence  of  his 
being  bailor  surety,  and  verifying  the  reason  of  his  appli- 
cation, by  oath  or  otherwise,  it  shall  be  the  duty  of  such 
justice  forthwith  to  grant  a  mittimus,  directed  to  the  sher- 
iff, his  deputy,  or  constable,  or  indifferent  person  of  the 
county  in  which  such  application  shall  be  made,  com- 
manding such  officer  or  indifferent  person,  forthwith  to 
arrest  such  principal,  and  him  commit  to  the  keeper  of 
the  common  gaol  in  such  county,  who  is  hereby  author- 
ised to  receive  such  principal,  and  him  retain  in  gaol, 
until  discharged  by  due  order  of  law. 


Liability  of 
surety  on 
bonds  for  pro- 
secution. 


Remedy  of 
bail  against 
principal. 


Mittimus  to 
commit  prin- 
cipal. 


"Banks  may 
issue  post 
notes. 


Not  to  emit 
bills  less  than 
sue  dollar. 


TITLE  6.    Banks. 

CHAP.  I. 
An  Act  relative  to  incorporated  Banks. 


SECT.   1. 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
That  the  several  incorporated  banks,  shall  have  power 
to  issue  post-notes,  payable  to  order,  and  at  a  time  subse- 
quent to  issuing  the  same. 

SECT.  2.  No  incorporated  bank  shall  issue  any  bill  for 
a  sura  less  th$n  one  dollar ;  and  every  person  passing. any 


Title  6.    Banks.  67 

bill  or  note,  issued  by  any  bank,  orcorporation  whatever, 

for  a  less  sum  than  one  dollar,  shall  forfeit  three  dollars,  Penalty. 

to  the  use  of  the  person  who  shall  bring  an  action  for  the 

same.     And  it  shall  be  the  duty  of  all  informing  officers, 

to  prosecute  to  effect,  all  breaches  of  this  act;  and  in 

such  cases  the  penalties  incurred  and  recovered,  shall  be 

for  the  use  of  the  town  where  the  prosecution  shall  be 

had. 

SECT.  3.  All  shares  in  banks,  manufacturing,  and  oth-  Shares  in 
er  incorporated  companies,  shall  be  considered  as  per-  be'considered 
sonal  estate,  and  may  be  disposed  of  as  other  personal  personal  estate" 
estate,  unless  otherwise    directed  in  the  act  of  incor- 
poration. 

SECT.  4.  The  president  and  directors  of  the  several  Statement  of 
hanks  incorporated  by  this  state,  shall,  annually,  on  the  b™n°k stock  &c- 
hrst  Monday  of  March,  lodge  in  the  office  of  the  comp-  to  be  lodged 
troller  of  public  accounts,  (to  be  by  him  laid  before  the  witn  comp- 
General  Assembly)  a  statement,  under  oath,  of  the  cash-  Uo  er' 
iers  of  the  several  banks,  of  the  amount  of  the  capital 
stock  of  such  banks,  and  of  the  debts  due  to  the  same  ;  of 
the  monies  remaining  in  deposit  therein  ;  of  the  notes  in 
circulation,  and  of  the  cash  on  baud ;  and,  generally,  of 
the  state  of  the  bank,  on  the  first  Monday  of  said  month, 
of  March. 

CHAP.  II. 

An  Act  relative  to  the  investment'  of  the  funds 
of  certain  corporations  in  the  Banks  of  the 
State. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  after  the  Limitation  of 
subscriptions  to  the  capital  stock  of  any  bank,  made  by  subscription? 
the  state,  by  religious  and  ecclesiastical  societies,  col- 
leges, schools  and  corporations  for  charitable  purposes, 
or  any  of  them,  and  liable  to  be  withdrawn  therefrom, 
shall  have  amounted  to  one  fifth  part  of  the  permanent 
stock  of  such  bank,  the  said  bank  shall  not  be  required  to 
receive  any  further  subscriptions  from  the  funds  of  any 
college,  religious  or  ecclesiastical  society,  school  or  cor-  Subscriptions 

poration  for  charitable  purposes  ;  and  that  no  college,  liereaft^r  m?dc 

,  P   '  not  to  be  with- 
religious  or  ecclesiastical  society,  school,  or  corporation  drawn  without 

for  charitable  purposes,  shall  have  right  to  withdraw  the  two  years  no- 
subscriptions,  which  shall  hereafter  be  made  to  any  bank,  tice- 
without  giving  to  the  directors  thereof  two  years  notice 
of  its  intention  to  withdraw  the  same,  any  law  to  the  con^ 
trary  notwithstanding :.  and  that  no  college,  school,  or 


Barberry 
bushes  may  be 
destroyed. 


Select-men 
may  employ 
persons  to  de- 
stroy them 
at  the  expense 
of  the  town. 


Mode  of  pro- 
ceeding in 
suits  for  main- 
tenance. 


Title  7.    Barberry  Bushes Title  8.     Bastardy, 

ecclesiastical  society,  or  other  charitable  institution,  shall 
subscribe  a  greater  sum  than  five  thousand  dollars  ta  any 
one  bank. 

TITLE  7.     Barberry  Bushes. 
An  Act  for  destroying  Barberry  Bushes. 

T3  E  it  enacted  by  the  Senate  and  House  of  Rep- 
JLJ  resenlatwes,in  General  Assembly  convened, 
That  any  person  or  persons,  with  the  advice  and  consent 
of  the  civil  authority,  and  select-men  of  any  town,  where 
any  barberry  bushes  are,  or  may  be  growing,  or  in  pur- 
suance of  the  vote  of  any  such  town,  passed  in  legal  tpwn 
meeting,  may,  at  any  season  of  the  year,  enter  on  lands, 
on  which  barberry  bushes  shall  be  growing,  and  dig  up 
and  destroy  them,  without  being  liable  to  an  action  there- 
for. 

SECT.  2.  The  select-men  of  any  town,  in  which  such 
bushes  are,  or  shall  be  growing,  may,  in  pursuance  of  a 
vote  of  the  town,  passed  in  legal  meeting,  employ  any 
suitable  person  or  persons,  to  dig  up  and  destroy  such 
bushes,  and  defray  the  expence  thereof  from  the  treasu- 
ry of  the  town. 

TITLE  8.    Bastardy. 

An  Act  providing  for  the  support  of  Bastard 
Children. 


SECT.    1. 


|E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  in  General  Assembly  convened, 
That  any  woman,  who  has  been  delivered  of,  or  is  preg- 
nant with,  a  bastard  child,  may  exhibit  her  complaint,  on 
oath,  to  a  justice  of  the  peace,  in  the  town  where  she 
dwells,  against  the  person  she  charges  with  being  the  fa- 
ther of  such  child ;  and  such  justice  of  the  peace  shall, 
thereupon,  issue  a  warrant,  and  cause  such  person  to  be 
apprehended  and  brought  before  him ;  and  if,  on  due 
enquiry,  he  finds  probable  cause,  he  shall  order  such  ac- 
cused person  to  become  bound,  with  surety,  to  appear 
before  the  next  county  court,  in  the  county,  and  abide 
the  order  of  said  court ;  and,  on  his  failing  to  do  it,  shall 
commit  him  to  the  common  gaol  in  the  county.  And  if 
the  child  should  not  then  be  born,  the  court  may  order 
the  continuance  of  such  cause  to  the  next  term,  and  the 
renewal  of  such  bond,  if  necessary.  And  if  such  woman 


Title  8.     Bastardy.  69 

shall  continue  constant  in  her  accusation,  being  examin- 
ed on  oath,  and  put  to  the  discovery,  in  the  time  of  her 
travail,  such  accused  person  shall  be  adjudged  to  be  the 
reputed  father  of  such  bastard  child,  unless,  from  the  tes- 
timony adduced  by  him,  or  otherwise,  the  court  shall  be 
of  opinion  that  he  is  innocent  of  the  charge,  when  they 
shall  acquit  him.  and  he  shall  recover  his  cost.  And  if 
the  court  find  him  guilty,  they  shall  make  an  order,  that  Order  of  court, 
he  shall  stand  charged  with  the  maintenance  of  such 
child,  with  the  assistance  of  the  mother,  and  that  he  shall 
pay  a  certain  sum  per  week,  for  such  time  as  the  court 
shall  judge  proper,  and  that  the  clerk  of  the  court  shall 
issue  execution  for  the  same,  quarterly  :  and  the  court 
shall  ascertain  the  expense  of  lying-in,  and  the  nursing 
of  such  child,  till  the  time  of  rendering  judgment,  and 
order  him  to  pay  one  half  thereof  to  the  complainant, 
and  grant  execution  for  the  same,  and  lawful  cost  of  suit : 
and  the  court  may  direct,  and  require  such  person  to  be- 
come bound,  with  sufficient  surety,  to  perform  such  order, 
and  to  indemnify  the  town,  chargeable  with  the  support 
of  such  child,  from  any  expense  for  its  maintenance  ; 
and  if  he  fail  to  do  it,  to  commit  him  to  the  common  gaol, 
there  to  remain  till  he  complies  with  the  same.  Provid-  Court  may 
ed,  that  if  it  shall  appear  that  such  mother  does  not  apply  discontinue 
the  weekly  allowance,  paid  by  the  reputed  father,  to-  f"e°^othlr!° 
wards  the  support  of  such  child,  and  that  such  child  is  if  not  applied: 
chargeable,  or  likely  to  become  chargeable  to  the  town 
where  it  belongs,  the  court,  on  application,  may  discon- 
tinue the  allowance  to  the  mother,  for  the  support  of  the 
child,  and  may  direct  it  to  be  paid  to  the  select-men  of 
such  town,  for  that  purpose,  and  may  issue  execution  in 
their  favor  for  the  same  accordingly. 

SECT.  2.  The  town  interested  in  the  support  of  a  bast-  When  towns 
ard  child,  when  sufficient  security  shall  not  be  offered  to  may  prosecute, 
indemnify  such  town  against  all  charge  and  expense  for 
the  support  of  such  child,  and  the  mother  neglects  to 
bring  forward  her  suit  for  maintenance,  may,  by  their  se- 
lect-men, institute  a  suit  against  the  person  accused  of 
begetting  such  bastard  child  ;  and  may  take  up  and  pur- 
sue, in  their  name,  by  their  select-men,  any  suit  com- 
menced by  the  mother,  for  the  maintenance  of  such  child, 
in  case  she  fails  to  prosecute  the  same  to  final  judgment ; 
and  any  bond  given  by  the  defendant,  in  such  case,  to 
the  complainant,  shall  have  the  same  effect  as  if  given  to 
such  town  :  and,  if  the  court  shall  find  the  defendant  guil- 
ty, they  shall  make  an  order  that  he  shall  give  a  bond, 
•with  sufficient  surety,  to  such  town,  to  indemnify  them, 
against  all  expense  for  the  maintenance  of  such  child,  and 
to  pay  the  cost  of  prosecution  ;  and,  on  failure  thereof,. 


70  Titled.     Book  Debts. 

may  commit  him  to  the  common  gaol,  there  to  remain 
till  he  complies  with  such  order. 

Limitation.  SECT.  3.  No  prosecution  shall  be  brought  but  within 

three  years  of  the  birth  of  the  bastard  child  ;  provided, 
the  time  any  person  accused,  shall  be  absent  from  the 
state,  shall  not  be  computed.(l) 

(1)  In  the  revision  of  1672,  an  act  ap-  tion,  nor  designate  the  prosecutor,  or  the 
pears,  subjecting  the  father  of  a  bastard  mode  of  yielding  the  maintenance.  The 
child  to  the  maintenance  of  it,  with  the  practice,  however,  has  always  been,  for 
assistance  of  the  mother,  as  the  court  shall  the  woman  to  institute  a  suit  in  her  own 
order,  and  providing  that  the  person  name;  and  it  has  been  decided,  that  a  dis- 
charged by  the  mother  to  be  the  father,  covery,  in  time  of  travail,  is  an  indispen- 
shall  be  adjudged  to  be  the  reputed  lather,  sable  part  of  the  evidence.  In  the  .revi- 
upon  her  continuing  constant  in  the  sion  of  1784,  the  power  was  given  to 
charge,  especially  being  put  upon  the  dis-  towns,  chargeable  with  the  support  of  a 
covery  of  the  truth,  in  the  time  of  her  bastard  child,  to  continue  prosecutions 
travail ;  with  a  proviso,  that  if  no  person  begun  by  the  mother,  ifs.be  should  neglect 
should  be  accused,  in  the  time  of  hertra-  to  proceed,  and  to  bring  forward  prosecu- 
vail,  it  should  not  abate  the  conviction  of  lions,  where  she  should  neglect.  The 
the  reputed  father.  This  proviso  is  omit-  present  statute  is  made  conformable  ta 
ted  in  the  revision  of  1702.  This  statute  the  practical  construction  of  the  old  stat 
does  not  prescribe  the  mode  of  prosecu-  ute.  See  1  £>a#,278.  1  Con.  Rep.  417. 

TITLE9.    Book  Debts. 

An  Act  Concerning  Book  Debts. 

1     JP&E  it  enacted  by  the  senate  and  House  of  Rep- 
mJ  resentatives  in  General  Assembly  convened, 

Evidence  of      That  in  all  actions  of  debt  on  book,  tried  on  the  general 
the  parties,  and  issue,  the  evidence  of  the  parties,  and  of  any  other  per- 

of  persons  in-     sons  interested,  taken  in  or  out  of  court,  in  such  manner 

terested,admis-        3  c  •  ^  .-,  .     '  ,  , 

sibie.  and  form  as  evidence  in  other  cases  is  required  by   law 

to  be  taken,  may  be  admitted  by  the  court ;  and  the  triers 
shall  well  weigh  and  consider  the  credit  of  such  winesses, 
together  with  the  entries  of  the  parties  in  their  respec- 
tive books,  and  any  other  evidence  given  them,  and  all 
the  other  circumstances  attending  such  cases.  (1) 
Oyer  of  defend-  SECT.  2.  When  the  defendant,  in  any  action  of  debt  on 
ant's  book.  book,  shall  have  pleaded  any  plea,  under  which  it  shall 
be  lawful  to  give  in  evidence  any  book  account  in  favor 
of  the  defendant  against  the  plaintiff",  the  court  may,  on 
motion  of  the  plaintiff,  made  in  reasonable  time,  order 
thatoycr  shall  be  given  to  the  plaintiff  of  the  book  of  the" 

(1)  In  this  revision  of  1750,  the  statute  probably   co-eval  with  the  government ; 

directs,  that  the  jury  shall  well  weigh  and  and   though  repugi  ant  to   the  principles 

consider  the  credit  of  the. parties  admitted  adopted  in  other  cases,  yet  it  is  consistent 

to  take  their   oaths.     This,  undoubtedly,  with  tne  practice  in  matters  of  account, 

refers  to  a  well  known  practice,  previous-  both  in  law  and  equity,  from  which  it  was 

]y  adopted,  to  admit  the  parties,  in  book  probably  borrowed 
debt  actions,  to  testify  ;  and  which  was 


.  TitleQ.     Book  Debts.  71 

defendant,  either  forthwith,  or  within  such  time  as  the 
court  may  prescribe. 

SECT.  3.  In  every  action  of  deht  on  book,  wherein  the  Appointment  of 
account  shall  be  alleged  to  be  above  seventeen  dollars,  au"ltors- 
the  court,  before  which  such  action  is  pending,  shall  have 
power  to  appoint  not  more  than  three  able,  judicious  and 
disinterested  men.  to  audit  and  adjust  the  accounts  be- 
tween the  parties  ;  who  shall  have  the  same  power,  and 
be  sworn  and  proceed  in  the  same  manner,  as  auditors  in 
a  proper  action  of  account ;  and  their  award  being  re- 
turned into  court,  judgment  shall  be  rendered  in  pursu- 
ance thereof. 

SECT.  4.  In  every  action  of  debt  on  book,  it  shall  be  Defendant  may 
lawful  for  the  defendant  to  plead,  in  addition  to  the  gen-  p^i^g-  QWes 
eral  plea  that  he  owes  the  plaintiff  nothing,  that  the  plain-  him. 
tiff  is  indebted,  or  in  arrear  to   him  the  defendant,  to 
balance  book  accounts  ;  and  if  it  shall  so  be  found,  on  the 
trial,  judgment  shall  be  rendered  for  the  defendant,  to  re- 
cover of  the  plaintiff  the  sum  so  found  to  be  due,  with 
costs;  and  the  party  aggrieved  by  the  judgment,  on  such 
plea,  shall  have  the  same  right  of  appeal  as  he  would 
have  had,  if  the  action  had  been  brought  by  the  defend- 
ant, demanding  the  same  sum  as  that  claimed  in  said  plea : 
Provided  nevertheless,  that  if  in  any  such  action  brought  Removaj  Of 
before  a  justice  of  the  peace,  the  defendant,  in  his  plea,  the  cause  from 
shall  claim  a  greater  balance  than  thirty-five  dollars,  such  justice  of  the 
plea  shall  not  be  received,  unless  the  party  making  the 
same,  shall  pay  to  said  justice,  for  the  use  of  this  state,  a 
duty  of  thirty-four  cents,  and  shall  enter  into  a  recogni- 
zance, with  sufficient  surety  to  the  adverse  party,  in  a  rea-    < 
sonable  sum,  to  remove  said  cause  to,  and  pursue  his 
plea,  before  the  county  court  next  to  be  hoiden  in  the 
county,  and  to  answer  all  damages  in  case  he  shall  fail  to 
make  his  plea  good  ;  which  recognizance  the  said  justice 
shall  have  power  to  take,  and  when  taken,  he  shall  record 
said  plea  ;  and  if  the  party,  so  removing  the  cause,  shall 
not  recover  final  judgment  for  a  greater  sum  than  thjny- 
five  dollars,  he  shall  not  be  entitled  to  costs  ;  and  if  nnal 
judgment  shall  be  rendered  against  him,  he  shall  be  sub- 
jected to  double  costs. 

SECT.  5.  If  any  defendant,  in  any  action  of  debt  on  in  what  case 
book,  brought  against  him  before  any  court  in  this  state,  n°  costs  shall 
shall  neglect  to  exhibit  his  account  on  trial,  to  be  adjust-  ^e 
ed  as   aforesaid,  and  shall  afterwards  bring  an  action 
against  the  other  party,  for  the  recovery  of  such  articles 
of  book  debt  as  might  have  been  adjusted  and  settled  in 
the  trial  of  the  former  action,  if  he  recover  judgment  for 
such  debt,  he  shall  not  be  allowed  any  costs  ;  unless  he 
make  it  appear,  to  the  satisfaction  of  the  court  before 


72 


Title  10.    Bounds.— Title  11.     Briefs.    . 

whom  the  trial  is,  that  he  had  no  knowledge  of  the  former 
suit,  before  the  time  of  trial,  or  was  inevitably  hindered 
from  appearing  and  exhibiting  his  account  as  aforesaid. 


Towns  to  set 
out  bounds. 


Towns  to  re- 
new bounds 
once  in  three 
years. 


Penalty  for 
neglect 


Governor  may 
grant  briefs. 


TITLE  10.     Bounds. 
An  Act  to  ascertain  the  Bounds  of  Towns. 


SECT.   1. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
That  every  town  shall  procure  their  bounds  to  be  set  out 
by  plain  and  durable  marks  and  monuments,  which  shall 
be  a  large  heap  of  stones,  or  a  ditch  six  feet  long,  and  two 
and  a  half  feet  wide,  of  ordinary  depth,  at  every  corner, 
and  once  in  every  eighty  rods,  in  the  lines  running  from 
corner  to  corner. 

SECT.  2.  And  once  in  three  years,  in  March,  April,  Oc- 
tober, or  November,  the  select-men  of  the  adjoining  towns, 
shall  appoint  two  or  more  persons  to  perambulate  the 
lines,  and  renew  the  bounds  and  monuments  between  the 
towns,  on  forfeiture  of  fourteen  dollars,  by  every  town 
who  shall  neglect  the  same,  one  half  to  the  use  of  the 
town  with  whom  they  refuse  to  join  in  perambulation, 
and  the  other  half  to  the  treasury  of  the  county  ;  and  in 
case  both  the  adjoining  towns  neglect  to  perambulate,  the 
one  half  shall  be  to  the  use  of  him  who  shall  prosecute  to 
effect,  and  the  other  half  to  the  treasury  of  the  county. 
And  it  shall  be  the  duty  of  the  select-men  of  the  most 
ancient  town,  to  give  six  days  notice,  to  the  select- 
men of  the  adjoining  town,  of  the  time  and  place  of 
meeting  for  such  perambulation  ;  and  each  town  shall 
pay  the  charge  of  the  persons  appointed  by  them  for 
that  purpose. 

TITLE  11.     Briefi. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  the  gov- 
ernor may  grant  briefs,  soliciting  charitable  contributions, 
in  cases  of  great  misfortunes  and  losses,  by  fire,  or  other 
providential  accidents,  to  be  read,  published  and  attended 
to,  in  public  meetings,  in  the  several  towns,  or  religious 
societies  and  congregations,  or  such  part  of  them  as  he 
may  judge  proper  :  and  every  person  who  shall  read  and 
publish  any  brief,  soliciting  charitable  contributions,  not 
allowed  as  aforesaid,  in  any  town,  religious  society,  or 
congregation,  shall  forfeit  the  sum  of  seventeen  dollars, 
one  third  to  him  who  shall  prosecute  to  effect,  and  two 


Titk  12.     Canada  Thistle.  73 

thirds  to  the  treasury  of  the  county.     Provided,  that  this  Proviso, 
act  shall  not  extend  to  contributions,  on  special  occasions, 
for  the  afflicted  and  distressed  members  of  any  particular 
town,  society,  or  congregation. 


TITLE  12.     Canada  Thistle. 

An  Act  to  prevent  the  spreading  of  the  Canada 
Thistle. 

.     TJ  E  it  enacted  by  the  Senate  and  House  of  Rep- 

JI3  rescntatives,  in  General  Assembly  convene d,  Duty  of  owner 
That  every  owner  or  possessor  of  lands,  shall  cut  or  mow  or  possessor  of 
down  all  the  Canada  thistles  growing  thereon,  or  in  the   a 
highway,  adjoining  the  same,  so  often  as  to  prevent  their 
going  to  seed  ;  and  if  any  owner  or  possessor  of  land  shall 
suffer  any  such  tliistles  to  grow  thereon,  or  in  the  high- 
way adjoining  the  same,  and  the  seed  to  ripen,  so  as  to  Penalty 
cause,  or  endanger  the  spreading  thereof,  he  shall  forfeit 
and  pay  the  sum  of  live  dollars  for  every  offence,  to  him 
who  shall  prosecute  his  action  to  effect  ;  and  any  person 
may  enter  on  the  lands  of  another,  who  shall  neglect  to 
cut  or  mow  down  such  thistles,  and  may  cut  or  mow 
down  such  thistles,  and  shall  not  be  liable  to  be  sued,  in 
an  action  of  trespass,  therefor.  Lands  in  gras? 

SECT.  2.  No  owner  or  possessor  of  lands,  which  are  not  iobe 
in  grass,  shall  plough,  or  suffer  to  be  ploughed,  any  lands  ^ 
on  which  Canada  thistles  are  growing  ;  and  where  lands 
are  in  tillage,  on  which   such  thistles  are  growing,  the 
owner  or  possessor  shall,  as  soon  as  may  be,  cause  the 
same  to  be  seeded  down  to  grass  ;  and  if  any  such  owner 
or  possessor  shall  be  guilty  of  a  breach  of  this  section  of  penalty, 
the  act,  he  shall  forfeit  five  dollars,  to  be  recovered  by 
any  person  who  shall  sue  for  and  prosecute  the  same  to 
effect.  Towns  empow- 

SECT.  3.  Every  town  shall  have  power  to  make  such  ered  to  make 

,     .  regulations, 

regulations  as  they  may  judge  proper  and  expedient,  to 

destroy  or  prevent  the  spreading  of  Canada  thistles.  Penalty  for 

SECT.  4.  If  any  person  shall  knowingly  vend  any  grass  vendinS  thistte 
seed,  in  which  there  is  any  seed  of  the  thistle,  such  per- 
son shall  be  liable  to  pay  a  penalty  of  ten  dollars,  to  the 

use  of  any  person  who  will  prosecute  the  same  to  effect. 

-» 

12 


74  Title  13.     Children. 


TITLE  13.      Children.. 

An  Act  for  the  education  and  government  of 
Children. 

"O  E  it  enacted  by  the  Senate  and  House  of  Rep- 
JL*   rcsentatives  in  General  Assembly  convened. 

Children  to  be  That  all  parents,  and  those  who  have  the  care  of  chil- 
dren, shall  bring  them  up  in  some  honest  and  lawful  call- 
ing or  employment ;  and  shall  teach  and  instruct  them, 
or  cause  them  to  be  taught  and  instructed,  to  read  and 
write,  and  cypher  as  far  as  the  first  four  rules  of  arith- 
metic. 

If  neglected,  SECT.  2.  The  select-men,  in  their  respective  towns, 
may  bincTthera  s^a^  in9Pect  the  conduct  of  the  heads  of  families,  and  if 
out.  they  find  any  Avho  neglect  the  education  of  the  children 

under  their  care,  they  may  admonish  them  to  attend  to 
their  duty,  and  if  they  continue  to  be  negligent,  whereby 
the  children  grow  rude,  stubborn,  and  unruly,  they  shall, 
with  the  advice  of  a  justice  of  the  peace,  take  such  chil- 
dren from  their  parents,  or  those  who  have  the  charge  of 
them,  and  bind  them  out  to  some  proper  master,  males 
till  twenty-one,  and  females  till  eighteen,  that  they  may 
be  properly  educated  and  brought  up  in  some  lawful 
calling  and  employment  ;  which  binding  shall  be  valid 
and  effectual. 

'Stubborn  chil-  SECT.  3.  Whenever  any  children  or  minors  shall  be 
stubborn  and  rebellious,  and  shall  refuse  to  obey  the 
commands,  and  resist  the  authority  of  their  parents,  or 
those  who  have  the  charge  of  them,  then  the  parents,  or 
those  who  have  the  charge  of  them,  or  any  informing  offi- 
cer, may  make  complaint  to  two  justices  of  the  peace,  in 
the  town  where  the  parties  live,  who  shall  have  power  to 
issue  a  warrant,  and  cause  such  children  to  be  apprehend- 
ed, and  brought  before  them  ;  and  if,  on  due  enquiry, 
they  shall  find  them  to  be  guilty,  they  may  sentence  them 
to  be  committed  to  the  house  of  correction,  in  the  town 
where  they  live,  or  if  there  be  none  in  that  town,  to  the 
common  gaol  in  the  county,  to  reiuain  confined  to  hard 
Proviso.  labor,  so  long  as  said  justices  of  the  peace  shall  judge 

proper,  not  exceeding  thirty  days.  Provided,  that  said 
justices,  on  the  reformation  of  such  children,  may,  at  any- 
time after  the  commitment,  order  their  release,  and  re- 
turn to  their  parents. 


Title  14.     Communities. — Title  15.     Constables. 


TITLE  14.     Communities. 

An  Act  enabling  Communities  to  enforce  and  de- 
fend their  rights. 

•  BE  it  enacted  by  the  Senate  and  House  ofRep- 
MJ  rcscntativcs  in  General  Assembly  convened, 

That  towns,  and  all  lawful  societies,  communities,  or  Communities, 
corporations,  shall  have  power  to  commence  and  prose-  now  to  sue  an* 
cute  any  suits  or  actions,  to  maintain  and  recover  their  ' 
rights,  before  any  court  proper  to  try  the  same ;  and  may 
appear  and  prosecute,  by  their  agents  or  attornies.  duly 
appointed,  and  may,  in  like  manner,  defend,  in  all  suits 
brought  against  them  ;  and  when  sued,  the  service  of  the 
writ,  by  leavings  true  and  attested  copy  of  it,  by  some 
proper  officer,  with  their  clerk,  or  either  of  the  select- 
men, or  of  the  committee,  or  the  secretary  or  cashier, 
twelve  days  before  the  sitting  of  the  court  to  which  it  is 
returnable,  shall  be  sufficient  notice  for  them  to  appear 
and  answer.  And  where  any  community,  or  corpora- 
tion, incorporated  by  authority  of  this  state,  transact  their 
business  in  the  same,  and  have  no  secretary,  clerk,  cash-  •  -;  .-  .:  .', 
ier,  or  other  officer,  residing  therein,  then  a- true  and 
attested  copy  of  the  writ,  left  with  the  agent  of  such  cor- 
poration, residing  in  this  state,  or  if  there  be  none,  then 
at  the  house  or  place  where  such  corporation  transact 
their  business,  and  exercise  their  corporate  powers,  shall 
be  sufficient  service  of  such  writ. 

SECT.  2.  All  towns,  and  lawful  societies,  communities,  Ma7  appoint 
and  corporations,  shall  have  power,  in  their  lawful  meet-  agea 
ings,  to  appoint  agents  to  appear  in  their  behalf,  and  to 
employ  attornies,  if  necessary,  to  prosecute  or  defend,  in 
the  suits  in  which  they  are  parties. 

SECT.  3.  Counties,  in  the  name  of  their  treasurer,  shall  Counties  em- 
have  power  to  commence  and  prosecute  to  final  judgment,  ^ 
any  suit  at  law,  or  bill  in  equity,   necessary  to  enforce, 
acquire,  or  establish  any  right,  title,  or  demand,  and  to 
appear  by  agent,  or  attorney,  in  any  suit  in  favor  of,  or. 
gainst  such  county. 

TITLE  15.    Constables. 
An  Act  relating  to  Constables. 

I     T3  E  it  enacted  by  the  Senate  and  House  of  Rep- 

JLJ  rescntatives.  in  General  Assembly  convened.  Towns  to  ap- 
rpi     .  i_   11      .  A.    •  i  A-  •   I  point  con?ta- 

Inat  every  town  shall,  at  their  annual  meeting,  appoint  {,]es 


76 


Title  1 5.    Constables. 


Their  power. 


To  receive 
hue-and-cries. 


To  put  forth 
hoe-and-cries. 


To  apprehend 
offenders. 


May  command 
assistance. 


Penalty  for 
neglect  of  duty. 


one  constable,  to  levy  and  collect  the  state  taxes,  and 
such  other  number  of  constables  as  they  may  judge  expe- 
dient, not  exceeding  seven,  who  shall  take  the  oath  pre- 
scribed by  the  constitution,  for  executive  officers,  on,  or 
before  the  first  Monday  of  January,  in  each  year,  and 
shall  hold  their  offices  until  the  next  annual  meeting  of 
the  town,  or  until  others  are  chosen,  and  sworn  in  their 
room. 

SECT.  2.  Constables  shall  have  the  same  power  within 
their  own  towns,  to  serve  and  execute  all  lawful  writs, 
precepts,  and  warrants,  directed  to  them,  by  lawful  au- 
thority, as  sheriffs  have  bylaw,  within  their  counties,  and 
shall  be  liable  in  the  same  manner,  for  any  neglect,  de- 
fault, or  misconduct  in  their  office. 

SECT.  3.  Constables  shall  duly  receive  all  hue-and- 
cries,  and  the  same  diligently  pursue  to  full  effect ;  and 
where  they  are  granted,  or  sent  out,  after  capital  or  crim- 
inal offenders,  such  pursuit  shall  be  at  the  expense  of  the 
state  ;  but  such  as  are  taken  out,  by  private  persons,  in 
their  own  cases,  at  the  expense  of  those  who  take  them 
out. 

SECT.  4.  Constables  shall  have  power  to  put  forth  pur- 
suits, or  hue-and-cries,  after  murderers,  peace-breakers, 
thieves,  robbers,  burglarians,  and  all  capital  or  criminal 
offenders,  when  no  justice  of  the  peace  is  near  at 
hand  ;  and  also,  without  warrant,  to  apprehend  such  as 
are  guilty  of  profane  swearing,  drunkenness,  or  sabbath- 
breaking,  and  them  carry  before  the  next  justice  of  the 
peace,  to  be  dealt  with  according  to  law :  Provided,  they 
be  taken  and  apprehended  in  the  act,  or  on  present  infor- 
mation of  others. 

SECT.  5.  Constables  shall  have  power  to  command  any 
person  or  persons  to  assist  them,  when  necessary,  in 
the  execution  of  the  duties  of  their  office ;  and  if  any 
person  shall  refuse  to  assist  them,  having  been  duly  re- 
quired, he  shall  forfeit  a  sum  not  exceeding  seven  dol- 
lars, nor  less  than  two  dollars  which  forfeitures  shall  be 
to  the  use  of  the  town  where  the  offence  is  committed. 

SECT.  6.  And  if  any  constable,  or  other  person,  upon 
urgent  occasion,  shall  refuse  to  aid  in  raising  and  pros- 
ecuting hue-and-cries,  either  on  foot,  or  by  horse,  (if  need 
be,)  against  criminal  offenders,  he  or  they  shall  forfeit 
the  sum  of  seven  dollars,  to  the  use  aforesaid. 


Title  16.    Convicts Title  17.    Counterfeiting.  77 

TITLE  16.     Convicts. 
An  Act  to  prevent  the  importation  of  Convicts. 

BE>it  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Assembly  convened,  That  no  person  con- 
victed of  any  crime  in  a  foreign  country,  and  sentenced  Co,nk'ctu 
therefor  to  be  transported  abroad,  shall  be  imported  into  jnto  th 
this  state  ;  and  that  any  person,  or  persons,  who  shall  im- 
port or  bring  into  this  state,  any  such  convict,  or  be  aid- 
ing and  assisting  therein,  knowing  such  person,  so  import- 
ed, to  be  a  convict,  and  sentenced  as  aforesaid,  shall  forfeit 
and  pay  to  the  treasurer  of  the  state,  the  sum  of  three  hun- 
dred and  thirty-four  dollars,  for  every  such  convict  so  im- 
ported as  aforesaid  :  and  whenever  any  person  shall  be 
prosecuted  for  a  breach  of  this  act,  he  shall  be  deemed 
guilty  of  the  same,  upon  proof  that  he  has  imported  for-  Mode  of  Proof 
eigners  into  this  state,  or  has  been  aiding  or  assisting 
therein,  unless  he  can  show,  to  the  satisfaction  of  the  tri- 
ers, that  such  foreigners  were  not  convicts,  and  that  he 
had  lawful  right  to  import  the  same.  And  it  shall  be  the 
duty  of  attornies  for  the  state,  and  grand-jurors,  to  make 
information  and  presentment  of  all  breaches  of  this  act. 

TITLE  17.     Counterfeiting. 

An  Act  to  prevent  the  passing  of  Counterfeit  Bills 
or  Coins. 

1      TQE  it  enacted  by  the  Senate  and  House  ofRep- 
JD  resentatives  in  General  Assembly  convened, 
That  when  any  false,  forged,  altered  or  counterfeit  bill,  Treasurer  of 
made  in  imitation  of,  and  purporting  to  be,  a  bill  of  public  tl 
credit,  issued  by  the  authority  of  the  United  States,  or  banks  author- 
any  false,  forged,  altered  or  counterfeit  bill  or  note,  issued  'zed  to  seize 
by  the  bank  of  the  United  States,  or  by  any  incorporated  ^unteifeU 
bank  in  this  state,  or  any  of  the  United  States,  shall  be  bills  and  notes, 
offered  to  be  passed  to  the  treasurer  of  the  state,  in  pay- 
ment of  debts  or  taxes,  or  to  the  cashiers  of  any  of  the 
banks  in  the  state,  in  payment  of  debts,  or  to  be  exchang- 
ed, it  shall  be  their  duty,  and  they  are  hereby  authorised, 
to  seize  and  deface  such  counterfeit  bills  or  notes,  and  to 
enter  on  the  back  thereof,   the  name  of  the  possessor, 
and  to  deliver  the  same  to  some  justice  of  the  peace,  for 
the  purpose  of  further  enquiry. 


78 

Justices  of  the 
peace  author- 
ized to  seize 
and  deface 
them. 


Any  person 
possessing 
counterfeit 
bill  or  note 
shall  deliver  it 
to  a  justice  of 
the  peace. 


Power  of  jus- 
tices of  the 
peace  to  ex- 
amine, bind 
over,  or  com- 
mit 


Proceedings 
by  party  re- 
ceiving a  coun- 
terfeit bill  or 
note,  to  recov- 
er damages. 


Limitation  of 
suit. 


Party  making 
satisfaction,  to 


Title  17.       Counterfeiting. 

SECT.  2.  When  any  justice  of  the  peace  shall  see,  or 
have  knowledge  of,  any  such  counterfeit  bill  or  note,  he 
shall  have  power  to  seize  and  deface  the  same,  and  shall 
enter  on  the  back  thereof  the  name  of  the  person  from 
whom  he  takes  it,  and  shall  retain  it  in  his  possession. 

SECT.  3.  When  any  person  shall  discover  that  he  has 
in  his  possession,  any  such  counterfeit  bill  or  note,  he 
shall  deliver  it  to  some  justice  of  the  peace  ;  and  if  such 
justice  of  the  peace  is  of  opinion,  that  such  bill  or  note 
is  counterfeit,  he  shall  enter  on  the  back  of  it  the  name 
of  the  person  of  whom  he  received  it,  and  that  it  was  de- 
livered to  him  as  a  counterfeit  bill  or  note. 

SECT.  4.  Every  justice  of  the  peace,  who  has  received" 
or  taken  a  counterfeit  bill  or  note,  or  with  whom  one  has 
been  lodged  as  aforesaid,  may,  at  his  discretion,  cause  the 
person  from  whom  it  was  seized,  taken  or  received,  to 
come  before  him,  and  examine  him  on  oath,  respecting  the- 
person  of  whom  he  received  the  same ;  and  in  like  man- 
ner, to  make  such  further  enquiry  as  he  may  deem  expe- 
dient, to  discover  the  person  who  forged  or  altered  the 
same ;  or  who  had  passed  it,  knowing  it  to  be  forged  or 
altered :  and  when  he  shall  obtain  satisfactory  proof 
against  any  person,  to  require  him  to  become  bound,  with 
sufficient  surety,  to  appear  before  the  proper  court  for 
trial,  or  to  commit  him  for  want  of  bail. 

SECT.  5.  Every  person,  who  shall  deliver  up  a  coun- 
terfeit bill  or  note,  or  from  whom  it  shall  be  taken  as 
aforesaid,  may  inform  the  person  from  whom  he  received 
it,  with  whom  it  is  lodged,  and  demand  of  him  payment 
of  the  same,  and  on  refusal,  may  bring  his  action  on  this 
statute, before  any  court  having  cognizance  thereof,  to  re- 
cover his  just  damages  ;  and  if,  on  trial,  such  bill  or  note 
shall  be  found  to  be  forged  or  altered,  the  court  shall  pro- 
ceed to  examine  the  parties  on  oath,  and  enquire  of  any 
other  proper  witnesses  ;  and  if  it  shall  be  found,  that  the 
plaintiff  received  such  bill  of  the  defendant  for  a  true  bill, 
he  shall  recover  his  reasonable  damages,  and  cost :  Pro- 
vided that  such  suit  shall  be  brought  within  one  year 
after  passing  such  bill  or  note  :  and  that  the  plaintiff  shall 
not  have  offered  to  return  it  to  the  defendant,  before  it 
was  taken  by,  or  lodged  with,  a  justice  of  the  peace  as 
aforesaid  :  and  provided  also,  that  such  suit  may  be 
brought,  without  giving  information  to  the  defendant,  and 
making  demand  of  payment,  if  the  plaintiff,  at  the  time 
of  taking  out  the  writ,  shall  make  oath  before  the  author- 
ity issuing  the  same,  that  he  verily  believes  it  is  necessa- 
ry, in  order  to  secure  the  demand. 

SECT.  6.  Every  person  who  shall  have  made  satisfac- 
tion for  any  such  bill  or  note,  taken  or  delivered  up  as- 


Title  18.      Counties.  79 

aforesaid,  to  the  person  to  whom  he  put  off  the  same,  shall  have  like  re- 
have  a  like  remedy  against  him  from  whom  he  received  medy  over 
such  bill  or  note  :  and  justices  of  the  peace,  who  shall 
have  such  bills  or  notes  in  their  hands,  shall,  at  the  cost 
of  the  party,  convey  the  same  to  any  court,  when  neces- 
sary, in  the  trial  of  a  cause. 

SECT.  7.  When  any  false  and  counterfeit  coin,  made  in  Power  of 
imitation  of  any  current  gold  and  silver  coin,  shall  be  offer-  tre^s.urer and 
ed  to  the  treasurer  of  the  state,  or  to  the  cashier  of  a  bank,  seize  counter 
it  shall  be  their  duty  to  seize  and  deliver  the  same  to  feit  coin, 
some  justice  of  the  peace,  with  the  name  of  the  person 
from  whom  it  is  taken  ;  and  every  justice  of  the  peace, 
who  shall  see  or  have  knowledge  of  any  such  false  and 
counterfeit  coin,  shall  seize  and  detain  the  same  ;    and 
every  person  who  shall  discover  that  he  has  in  his  posses- 
sion any  such  false  and  counterfeit  coin,  shall  deliver 
the  same  to  some  justice  of  the  peace ;    and   the  same 
measures  shall  be  pursued  to  detect  the  counterfeiters, 
and  the  like  remedy  shall  be  given  to  the  party  aggrieved, 
as  in  the  case  of  counterfeit  bills  and  notes. 


TITLE  18.     Counties. 

An  Act  for  stating,  limiting,  and  naming  the 
Counties  in  this  State. 

.  TT1  E  it  enacted  by  the  Senate  and  House  of  Rep- 
i3  resentatives  in  General  Assembly  convened, 
That  the  towns  of  Hartford,  Berlin,  Bristol,  Burlington,  Hartford. 
Canton,  East-Hartford,  East- Windsor,  Enfield,  Farming- 
ton,  Glastenbury,  Granby,  Hartland,  Manchester,  Marl- 
borough,  Simsbury,  Southington,  Suffield,  Wethersfield 
and  Windsor,  shall  be  and  remain  one  county,  by  the 
name  of  the  County  of  Hartford. 

SECT.  2.  The  towns  of  New-Haven,  Branford,  Chesh-  New-Haven, 
ire,  Derby,  East-Haven,  Guilford,  Hamden,  Meriden, 
Middlebury,  Milford,  North-Haven,  Orange,  Oxford, 
Southbury,  Wallingford,  Waterbury,  Wolcott,  and  Wood- 
bridge,  shall  be  and  remain  one  county,  by  the  name  of 
the  County  of  New-Haven. 

SECT.  3.  The  towns  of  New-London,  Norwich,  Boz-  New-L  ondon 
rah,  Colchester,  Franklin,  Griswold,  Groton,  Lebanon, 
Lisbon,   Lyme,  Montville,  North-Stonington,  Preston, 
Salem,  Stonington,  and  waterford,  shall  be,  and  remain 
one  county,  by  the  name  of  the  county  of  New-London. 

SECT.  4.  The  towns  of  Fairfield,  Danbury,  Bridgeport,  Fairfielcl 
Brookfield,  Darien,  Greenwich,   Huntington,   Monroe, 
New-Canaan,  New-Fairfield,  Newtown,  Norwalk,  Read- 


80 


Title  19.     Courts. 


ing,  Ridgefield,  Sherman,  Stamford,  Stratford,  Trumbull, 
Wcstori  and  Wilton,  shall  be  and  remain  one  county,  by 
the  name  of  the  County  of  Fairfield. 

Windham.  SECT.  5.  The  towns  of  Brooklyn,  Ashford,  Canterbury, 

Columbia,  Hampton,  Killingly,  Mansfield,  Plainfield, 
Pornfret,  Sterling,  Thompson,  Voluntown,  Windham  and 
Woodstock,  shall  be,  and  remain  one  county,  by  the 
name  of  the  County  of  Windham. 

Lkclifield.  SECT.  6.  The  towns  of  Litchfield,  Barkhamstead, 

Bethlehem,  Canaan,  Colebrook,  Cornwall,  Goshcn,  Har- 
winton,  Kent,  New-Hartford,  New-Milford,  Norfolk, 
Plymouth,  Roxbury,  Salisbury,  Sharon,  Torrington,  War- 
ren, Washington,  Watertown,  Winchester  and  Woodbury, 
shall  be,  and  remain  one  county,  by  the  name  of  the 
County  of  Litchfield. 

Middlesex.  SECT.  7.  The  towns  of  Middletown,  Haddam,  Chat- 

ham, Durham.  East-Haddam,  Killing-worth  andSaybrook, 
shall  be,  and  remain  one  county,  by  the  name  of  the 
County  of  Middlesex. 

Tolland.  SECT.  8.  The  towns  of  Tolland,  Bolton,  Coventry,  El- 

lington, Hebron,  Somers,  Stafford,  Union,  Vernon,  and 
Willington,  shall  be,  and  remain  one  county,  by  the 
name  of  the  County  of  Tolland. 


TITLE  21.     Courts. 


stituted. 


Causes,  where 
tried. 


Who  to  be 
clerks. 


Secretary  of 
state  to  certi- 
fy copies. 


An  Act  for  constituting  and  regulating  Courts, 
and  for  appointing  the  times  and  places  of 
holding  the  same. 


SECT.   1 


IE  it  enacted  by  the  senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
That  there  shall  be  a  supreme  court  of  errors  in  this 
state,  which  shall  consist  of  one  chief  judge  and  four  as- 
sociate judges,  who  shall  be  appointed  for  that  purpose, 
from  time  to  time,  by  the  general  assembly,  any  three  of 
whom,  when  met  for  that  purpose,  agreeably  to  law,  shall 
constitute  a  quorum,  for  doing  the  business  of  said  court. 
SECT.  2.  Every  cause  that  shall  be  brought  to,  or  re- 
moved for  trial,  into  the  supreme  court  of  errors,  shall  be 
entered  and  tried  in  that  county,  where  such  cause,  or 
judgment  complained  of,  was  originally  entered,  tried  or 
rendered  in  the  superior  court ;  and  the  clerks  of  the  su- 
perior courts,  in  the  several  counties,  shall  be  clerks  of 
the  supreme  court  of  errors,  in  their  respective  counties  : 
Provided  nevertheless,  that  the  secretary  of  state  is  em- 
powered and  authorised  to  give  certified  copies  of  the 


Title  19.     Courts.  81 

.records  of  the  supreme  court  of  errors,  remaining  in  his 
office. 

'SECT.  3.  The  supreme  court  of  errors  shall  have  final  Jurisdiction  of 

and  conclusive  jurisdiction  of  all  matters,  brought  by  way  supreme  court 
J    ,   .    ,    c  ji  r°f  errors,  and 

of  error,  or  complaint,  from  the  judgments  or  decrees  ot 

any  superior  court,  in  matters  of  law  or  equity,  wherein 
the  rules  of  law,  or  principles  of  equity,  appear  from  the 
files,  records,  or  exhibits  of  said  court,  to  have  been  mis- 
takenly, or  erroneously  adjudged  and  determined ;  and 
said  supreme  court  of  errors  is  hereby  empowered,  au- 
thorised and  enabled  to  take  cognizance  of  all  such  caus-  powers. 
es  as  shall  be  brought  before  them,  as  aforesaid,  and  are 
invested  with  all  the  power  and  authority,  necessary  for 
carrying  into  complete  execution,  all  their  judgments, 
decrees,  and  determinations,  in  the  matters  aforesaid,  ac- 
cording to  the  laws,  customs  and  usages  of  this  state  : 
and  their  judgments,  decrees,  and  determinations,  shall 
be  final  and  conclusive,  on  all  concerned. 

SECT.  4.  The  supreme  court  of  errors  shall,  from  time  ?^assigrf') 
io  time,  as  shall  be  necessary,  assign  to  the  judges  there-  guperior  court 
of,  the  county  or  counties,  in  which  they  shall  respect- 
ively hold  a  superior  court,  as  is  hereinafter  provided  ; 
but  the  same  judge  shall  not  hold  a  superior  court  in  the 
same  county,  at  two  successive  terms  thereof. 

SECT.  5.  The  supreme  court  of  errors  are  hereby  em-  Institute  rules 
powered  to  institute  such  rules  of  practice,  for  the  regu-  ofPractlce 
lation  of  said  court,  and  of  the  superior  courts,  in  the  sev- 
eral counties,  as  shall  be  deemed  most  conducive  to  the 
administration  of  justice. 

SECT.  G.  Whenever,  by  any  casualty,  none  of  the  judg-  If  no  judge  at- 
es  of  the  supreme  court  of  errors  shall  attend,  on  the  day,  * 
and  at  the  place,  appointed  by  law,  for  the  holding  of  said  adjourned, 
court,  the  sheriff  of  the  county  where  said  court  is  ap- 
pointed to  be  holdcn,  may  adjourn  the  court  from  day 
to  day,  till  one  or  more  of  said  judges  do  attend,  and  then 
such  judge,  or  judges,  as  may  attend,  may  adjourn  said 
court  from  day  to  day,  till  a  quorum  be  present ;  or  they 
may,  (or  if  none  attend,  within  twenty-four  hours  after 
the  time  appointed  for  holding  said  court,  the  said  sheriff 
is  directed  to,)  continue  the  causes  there  pending,  and 
adjourn  accordingly,  without  day. 

SECT.  7.   In  all  causes  decided  by  the  supreme  court  Judges  to  as- 
of  errors,  the  judges  shall  publicly  assign  the  reasons  ofsigal 
their  judgment,  at  the  term  in  which  the  cause  shall  be 
decided,  or  at  the  next  succeeding  term. 

SECT.  8.  The  supreme  court  of  errors  shall,  annually,  To  app°'nt  a 
appoint  a  reporter  o;  the  julicial  decisions  of  said  court,  repor 
who  shall  receive  such  compensation  for  his  services,  as 
the  general  assembly  shall,  from  time  to  time,  direct. 

13 


Title  19.     Courts. 


Superior 
court  consti- 
tuted. 


Its  jurisdic- 
tion ; 
criminal  ; 

civil. 


In  capital  cas- 
es, :  wo  judges, 
at  least,  to 
bold  the  court. 


Equity  juris- 
diction. 


Special  supe- 
rior court  may 
be  bolden. 


When  the 
judge,  assign- 
ed to  hold  the 
couit,  is  pre- 
vented, or 
does  not  ap- 
pear how  to 
proceed. 


T.  9.  Be  it  further  enac'c't.  That  there  shall  be  a 
superior  court  of  judicature  of  this  state,  to  be  holden  an- 
nually, in  each  of  the  counties  thereof,  at  the  times  and 
places  hereafter  in  this  act  designated,  by  one  of  the 
judges  of  the  supreme  court  of  errors,  assigned  for  that 
purpose,  as  is  herein  before  provided  ;  which  court  shall 
have  cognizance  of  all  causes,  of  a  criminal  nature,  as  is. 
or  shall  be,  prescribed  by  law  ;  and  shail  also  have  cogni- 
zance of  all  causes,  rer.i,  ]>er-;o;-ial.  or  mixed,  of  a  civil  na- 
ture, between  party  and  p:uiy.  which  shall  be  brought  be- 
fore it,  by  appeal,  v/rit  of  error,  scire-facias,  complaint, 
petition,  or  otherwise,  according  to  law,  and  the  same  to 
try,  by  a  jury,  or  otherwise,  as  the  law  may  direct,  and 
therein  to  proceed  to  judgment,  and  award  execution 
thereon.  But  in  all  trials  before  the  said  court,  when 
the  punishment,  in  case  of  conviction,  is  death,  the  said 
superior  court  shall  consist  of  at  least  two  judges  ;  and 
the  judge  who  may  be  assigned  to  hold  the  court,  where 
such  trials  are  to  be  had,  shall  call  to  his  assistance,  one 
or  more  of  the^other  judges  of  the  supreme  court  of  er- 
rors. 

SECT.  10.  "And  the  superior  courts  shall,  also,  have  ju- 
risdiction of  all  suits  for  relief  in  equity,  wherein  the  val- 
ue of  the  matter,  or  thing  in  demand,  exceeds  the  sum  of 
three  hundred  and  thirty-five  dollars,  and  to  enquire  into 
the  facts  relating  to  the  same,  by  themselves,  or  by  a 
committee,  and  proceed  therein  to  final  sentence  and  de- 
cree, and  enforce  the  same,  according  to  the  rules  of 
equity  ;  and  all  suits  for  relief  in  equity,  against  any 
judgment  given,  or  cause  depending  at  law,  in  the  supe- 
rior court,  shall  be  brought  to  the  said  court. 

SECT.  11.  The  chief  judge  of  the  supreme  court  of 
errors,  or  in  his  absence  from  the  state,  or  inability  to  att, 
any  two  of  the  other  judges,  are  hereby  empowered  to 
call  a  special  superior  court,  upon  any  extraordinary  oc- 
casion, and  to  designate  the  judge  or  judges,  who  shall 
hold  the  same. 

SECT.  12.  When  the  judge,  assigned  to  hold  the  supe- 
rior court  in  any  county,  shall,  by  sickness,  or  other  cas- 
ualty, be  prevented  from  holding  the  same,  the  chief 
judge  is  hereby  authorized  and  directed  to  hold  the  same* 
or  to  designate  some  other  judgc^  for  that  purpose  :  and 
whenever  it  shall  so  happen  that  the  judge  assigned  to  hold 
any  superior  court,  shall  be  absent,  on  the  day,  appointed 
by  law  for  holding  the  same,  it  shall  be  the  duty  of  the 
sheriff  of  the  county,  where  such  court  is  to  be  holden,  to 
irn,  by  proclamation,  the  same,  to  the  next  day,  and 
from  day  to  day.  till  a  judge  shall  appear  to  hold  the  same. 


Title  19.     Courts.  83 

SECT.  13.  The  judges  of  the  superior  court  are  hereby  Judgesof  supe- 
fully  authorised.and directed,  to  appoint  and  swear  a  clerk  ^poh^a  t0 
of  the  superior  court,  in  and  for  each  county  in  this  state,  clerk ; 
(and,  if  need.be,  an  assistant  clerk,)  whose  duty  it  shall 
be.  and  he  is,  hereby,  fully  empowered  to  grant  execu-  his  duty  and 
tions  on  judgftients  rendered  in  and  by  said  court,  in  the  P°wer- 
county  in  and  for  which  he  is  appointed,  and  to  do  all 
ihings  proper  for  him  as  clerk  of  said  court,  in  the  execu- 
tion of  his  office,  according  to  the  rules,  orders  and  di- 
rections of  said  court,  and  according  to  law  ;  and  the  re- 
cords and  proceedings  of  said  court,  in  each  county,  shall 
be  and  remain  in  the  custody  of  the  clerk  of  said  court, 
appointed  in  and  for  such  count). 

SECT.  14.  The  superior  court  shall  have  power,   at  Judges  may  : 
every  session,  in  all  causes  pending  before  them,  wrhich  for^ieacHno-. 
may  require  a  hearing,  or  trial,  at  the  next  succeeding  &.c. 
session,  to  order  and  direct,  all  pleas  to  be  entered  and 
closed,  ready  for  trial ;  and  said  courts  may,  when  they 
deem  it  necessary,  order  such  pleas  to  be  filed,  and  en- 
tered in  the  offices  of  the  clerks  of  said  court,  at  any  time 
during  the  several  vacations. 

SECT.  15.  It  shall  be  the  duty  of  the  superior  court,  May  adjourn  n 
in  any  county,  whenever  the  state  of  the  business  pend-  session, 
ing  before  the  same,  shall  require  it,  to  adjourn  any  ses- 
sion thereof,  from  time  to  time,  as   shall  be  deemed 
expedient. 

SECT.  16.  Be  it  further  enacted.  That  there  shall  be  County  courts 
held  and  kept  in  each  county  in  this  state,  yearly   and  constituted ; 
every  year,  at  the  times  and  places  hereafter,  in  this  act, 
mentioned,  two  or  more  sessions  of  the  county  courts,  by 
a  chief  judge,  and  two  associate  judges,  appointed  and 
commissioned  for  that  purpose  ;  any  two  of  whom  shall  their  jurisdic- 
have  power  to  hold  said  courts  :  which  shall  have  power  tlo"5 
to  hear,  examine,  try  and  determine,  by  a  jury  or  oth< 
wise,  all  causes  of  acivijfcature.  real,  personal,  or  mixed,  civil ; 
and  also  all  criminal  matters,   which  may  be   regularly  criminal ; 
brought  before  them,  according  to  law  ;  and  shall  also  ci,anccr,- 
have  jurisdiction  of  all  suits,  for  relief  in  equity,  wherein 
the  matter  or  thin;.;  in  demand  shall  not  exceed  the  sum  of 
three  hundred  and  thirty-five  dollars,  (excepting  suits  for 
relief  against  any  judgment  rendered;,  or  cause  depending 
at  law,  in  the  superior  courts.)  and  may  proceed  thei . 
:•>  final  sentence  and  decree,  and  enforce  the  same,  ac- 
cording to  the  rules  of  equity. 

SECT.  17.  In  the  absence  of.  or  Iv^al  exception  to.  the  I"  Me  absence 
chief  judge  of  any  county  court,  the  senior  associate. j«^ge  -^jV^  ^ho 
present,  and  qualified,  shall  preside,  and  be  subject  to  all  to  preside, 
the  duties,  and  invested  with  all  the  powers,  for  the  time 
being,  as  the  chief  judge :  and  when  it  shall  so  happen. 


84 


In  the  absence 
of  two  judges, 
how  the  court 
is  to  be  formed. 


Chief  judge 
may  call  a 
special  court. 
Judges  may 
adjourn  the 
courts. 

When  a  court 
is  not  formed, 
how  to  pro- 
ceed. 


Sheriff  may 
adjourn  the 
court. 


Courts  ma}' 
appoint  their 
clerks  and 
county 
treasurers. 

Clerk's  duty 
and  power. 


Presiding 
judge  to  have 
a  casting  vote 


County  courts 
may  establish 
rules  of  prac- 
tice ; 

admit  attor- 
nies  ; 


HO  other  per- 
son to  plead ; 


Title  19.     Courts. 

that,by  reason  of  the  absence  of,  or  legal  exception  to,  airy- 
two  of  the  judges  of  any  county  court,  there  shall  be  but 
one  judge  present,  qualified  to  try  any  cause  pending  in 
the  same,  the  said  judge  may  call  to  his  assistance  any 
one  of  the  justices  of  the  peace,  for  the  same  county,  not 
legally  disqualified  to  judge  in  said  cause,  and  proceed  to 
the  trial  of  the  same. 

SECT.  18.  The  chief  judge  of  each  county  court,  may 
call  a  special  county  court,  upon  any  extraordinary  oc- 
casion ;  and  the  judges  of  said  court  may  adjourn  the 
same,  when  they  shall  deem  it  necessary,  to  some  distant 
time  ;  and  whenever  it  shall  so  happen  that  no  more  than 
one  of  the  judges  of  said  court  shall  appear  on  the  day, 
and  at  the  place,  appointed  by  law,  for  holding  the  court, 
the  said  judge  may  adjourn  the  same,  from  day  to  day, 
till  a  quorum  of  judges  do  attend  ;  and  whenever  no  one 
of  the  judges  of  said  court  shall  appear  on  said  day,  the. 
sheriff  of  the  county  in  which  the  said  court  is  to  be  hold- 
en,  is  hereby  directed  to  adjourn  the  same,  from  day  to 
day,  till  one  or  more  of  the  judges  do  attend,  to  hold  said 
court. 

SECT.  19.  The  county  courts  are  authorized  to  appoi 
and  swear  their  own  clerks,  and  assistant  clerks,  (when- 
ever deemed  necessary)  and  treasurers,  for  their  respecl 
ive  counties  ;  which  clerks,  so  appointed  and  sworn, 
are  empowered  to  sign  all  writs  and  processes,  as  justices 
of  the  peace  by  law  are;  also,  to  grant  executions  on 
judgments  rendered  by  said  courts,  on  which  executions 
are  to  be  issued,  and  to  do  all  other  matters  and  things, 
according  to  the  orders  and  directions  of  said  courts, 
proper  for  them  in  the  execution  of  said  office,  and  ac- 
cording to  law. 

SECT.  20.  The  chief  judge,  or  presiding  judge,  for  the 
time  being,  of  the  county  courts,  whenever  there  shall 
an  equal  division  of  opinion,  on  any  question  before  said 
courts,  shall  have  a  casting  voice.  The  like  power  and 
authority,  every  president  or  moderator,  in  any  civil  court, 
arbitration,  meeting,  or  assembly,  shall  exercise,  in  simi- 
lar cases,  except  when  the  law  provides  otherwise. 

SECT.  21.  The  county  courts  may  alter  and  est 
rules  of  practice  in  their  respective  courts  ;  may  direct 
when  pleas  shall  be  filed  and  entered ;  may  make  such 
rules  and  regulations  as  to  them  shall  seem  proper,  re- 
lative to  the  admission  and  practice  of  attormes  ;  may 
approve  of,  admit,  and  cause  to  be  sworn  as  attormes, 
such  persons  as  are  qualified  therefor,  agreeably  to  the 
rules  established,  which  admission  shall  be  registered  by 
the  clerk  ;  and  no  person  not  thus  admitted,  (except  in 
his  own  cause,)  shall  be  admitted  or  allowed  to  plead  at 


Title  19.     Courts.  85 

the   bar  of  any  court ;  nor  shall  more  than  one  attorney  h°w  «iary  at- 

toruies :-  — 
action 


be  allowed  to  plead  on  the  same  side  of  any  cause,  ex-  tc 


cept  wherein  the  title  of  land,  or  right  of  way,  may  be  in 
question,  or  the  sum  in   demand  shall  exceed  forty  dol- 
lars ;  and  in  no  case,  shall  more  than  two  attornies  be 
admitted  to  plead,  on  the  same  side.     And  said  attornies  to  be  under  the 
shall  be  under  the  direction  of  the  courts  before  whom  direction  of  the 
they  plead  ;  and  said  courts  may  tine  them,  not  exceed-  ^ytSb'e  gnej 
ing  one  dollar  for  any  one  offence  against  their  rules,  or  suspended  or 
suspend,  or  displace  them,  for  transgressing  the  rules  of  displaced, 
pleading,  or  other  rules  or  regulations  established  by 
said  courts,  or  for  other  just  cause. 

SECT.  22.  And  the  county  courts  in  each  county,  shall  state  attornies 
appoint  one  attorney  for  the  state,  who  shall  prosecute,  to  be  appo>nt- 
manage,  and  plead  in  the  county  where  appointed,  in  all  e' 
matters  proper  for,  and  in  behalf  of  the  state  ;  and  who 
shall  hold  his  office  for  two  years,  unless  sooner  remov-  Term  of  0^cej 
ed  by  said  courts.     Each  attorney  for  the  state,  before 
entering  upon  the  duties  of  his  office,  shall  take  the  oath  Oath, 
prescribed  by  the  constitution  for  executive  officers,  and 
shall  give  bond,  with  surety,  to  the  treasurer  of  the  state,  Bond, 
and  to  his  acceptance,  in  the  sum  of  three  thousand  dol- 
lars, conditioned  that  such  attorney  shall  annually  ac- 
count for,  and  pay  over,  according  to  law,  all  monies  be- 
longing to  the  state,  which  he  may  receive  as  attorney  for 
the  state.     And  whenever  the  attorney  for  the  state  shall 
be  absent  or  disqualified  to  act  in  any  cause,  the  county 

or  superior  court  before  whom  the  same  is  pending,  may  _, 

•r  ,  -i  -2*  ,1  •*   Special  attor- 

appomt  a  special  attorney   lor  the  prosecution  of  the  n£y< 

cause  in  question  ;  and  also,  on  application  of  the  at- 
torney for  the  state,  may  appoint  an  assistant  attorney,  Assistant  attor- 
to  aid  in  the  prosecution  of  any  suit,  information  or  in-  Dey- 
dictment. 

SECT.  23.  The  county  courts,  in  the  respective  coun-  County  courts 
ties,  are  hereby  authorized  and  directed  to  take  care  of to  take  care  of 
all  the  property,  real   and  personal,  in  their  respective  °y.  D 
counties,  which  belongs  to  such  county  ;  and  the  same  to 
let,  demise  and  manage,  for  the  benefit  of  such  county  ; 
and  when  they  shall  judge  expedient,  may  sell  or  purchase 
real  estate  ;  and  all  conveyances  of  estates,  to,  or  from 
a  county,  shall  be  done  in  the  name  of  the  treasurer  of 
the  county,  and  his   successors  in  office ;  and  the  said 
courts  may,  at  their  discretion,  license  any  suitable  per- 
son, who  is  keeper  of  the  gaol  in  either  of  the  counties, 
and  resident  in  a  house  belonging  to  such  county,  to  be  a    , 
taverner. 

SECT.  24.  The  several  courts  herein  before  mention-  Times  and  pla- 

ed,  shall  be  held  at  the  times  and  places  herein  after  spe-  C(;s  °f  -  h°idi"g 
•  c    i    ,        •,  Tf  ,  r       courts  in  Hart- 

citied,  to  wit, — In  the  county  of  Hartford;  The  supreme  ford  county. 


86 


Title  19.     Courts. 


New- Haven 
county. 


New-London 
county. 


Fairfield  coun- 
ty. 


Windham 
county. 


Litchfield 
county. 


Middlesex 
county. 


court  of  errors,  on  the^econd  Tuesday  in  June.  The 
superior  court,  on  the  second  Tuesday  in  February  ;  ^ 
on  the  first  Tuesday  in  September.  The  county Cour 
on  the  fourth  Tuesday  in  March;  on  the  second*Tuesday 
in  August  ;  and,  on  the  second  Tuesday  in  November. — 
In  the  county  of  New-Haven  :  The  supreme  court  of 
errors,  on  the  Tuesday  following  the  fourth  Tuesday  in 
June.  The  superior  court,  on  the  third  Tuesday  in  Jan- 
uary ;  and  on  the  second  Tuesday  in  August.  The  coun- 
ty court,  on  the  third  Tuesday  in  March  ;  on  the  fourth 
Tuesday  in  June  ;  and  on  the  fourth  Tuesday  in  Novem- 
ber.— In  the  county  of  Men- -London  :  The  supreme  court 
of  errors,  on  the  third  Tuesday  in  July,  alternately  at 
New-London  and  Norwich,  beginning  at  Norwich  in 
1822.  The  superior  court,  at  Norwich  on  the  fourth 
Tuesday  in  January  ;  and  at  New-London  on  the  first 
Tuesday  in  October.  The  county  court,  on  the  first 
Tuesday  in  March,  alternately  at  New-London  and  Nor- 
wich, beginning  at  New-London  ;  on  the  second  Tues- 
day in  June,  at  New-London  ;  on  the  third  Tuesday  in 
November,  at  Norwich. — In  the  county  of  Fairfield :  The 
supreme  court  of  errors,  on  the  fourth  Tuesday  in  June, 
alternately  at  Fairfield  and  Danbury,  beginning  at  Dan- 
bury.  The  superior  court,  on  the  fourth  Tuesday  in 
September,  at  Danbury  ;  and  on  the  last  Tuesday  in  De- 
cember, at  Fairfield.  The  county  court,  on  the  second 
Tuesday  in  February,  alternately  at  Fairfieid  and  Dan- 
bury,  beginning  at  Danbury,  in  1 822  ;  on  the  third  Tues- 
day of  April,  at  Fairfield  ;  and  on  the  third  Tuesday  in 
November,  at  Danbury. — In  the  county  of  Windham  : 
The  supreme  court  of  errors,  on  the  fourth  Tuesday  in 
July.  The  superior  court,  on  the  first  Tuesday  in  Janu- 
ary ;  and  on  the  second  Tuesday  in  September.  The 
county  court,  on  the  third  Tuesday  in  August  ;  on  the 
third  Tuesday  in  March  ;  and  on  the  second  Tuesday  in 
December. — In  the  county  of  Litehfield :  The  supreme 
court  of  errors,  on  the  third  Tuesday  in  June.  The  su- 
perior court,  on  the  third  Tuesday  in  February  ;  and  on 
the  third  Tuesday  in  August.  The  county  court,  on  the 
first  Tuesday  in  April ;  on  the  fourth  Tuesday  in  Sep- 
tember ;  and  on  the  third  Tuesday  in  December.— In 
the  county  of  Middlesex  :  The  supreme  court  of  error*. 
on  the  second  Tuesday  of  July,  alternately  at  Middle- 
town  and  Haddam,  beginning  at  Middletown.  The  su- 
perior court,  on  the  fourth  Tuesday  in  February^,,  at 
Middletown  ;  and  on  the  fourth  Tuesday  in  August  at 
at  Haddam.  The  county  court,  on  the  Tuesday  after 
the  first  Monday  in  April,  at  Haddam  ;  and  on  the  third 
Tuesday  in  October,  at  Middletown. — In  the  county  of 


Title  19.     Courts.  £7 

Tolland  :  The  supreme  court  of  errors,  on  the  Tuesday  Tolland  coun- 

ibllowin<i'  I  lie  fourth  Tuesday  in  July.     The   superior  tj- 

court,  oil  the  third  Tuesday  in  April  ;  and  on  the  fourth 

Tuesday    in  December.       The  county   court,    on  the 

second  Tuesday  in  March  ;  and  on  the  second  Tuesday 

hi  September. 

-K<  T.  25.   Be  it  further  enacted,  That  there  shall  be  a  Courts  of  pro- 
romt  of  probate,  held  and  kept  in  each  of  the  several  J^6  constitu- 
districts,  hereinafter  mentioned,  to  be  held  by  one  judge, 
to  be  appointed  and  commissioned  for  that  purpose,  each 
of  which  judges  shall  have  a  clerk,  by  him  to  be  appoint- 
ed and  sworn  to  the  office  ;  which  courts  of  probate  shall  Their  power 
have   the  cognizance  of  the  probate  of  wills  and  testa-  a°d  duty, 
ments.  the  granting  of  administration,  the  appointing  and 
allowing;  of  guardians,  and  shall  act  and  judge  in  all  tes- 
tamentary and  probate  matters,  and  in  every  other  thing 
proper  for  a  court  of  probate  to  act  and  judge  in.  accord- 
ing to  law. 

SECT.  26.  The  districts  of  the  several  courts  of  pro-  Probate  dis- 
bate,  shall  be  as  follows,  to  wit:— The  towns  of  Hartford,  £jcts  establish- 
\Vindsor,  Wethersfield,  East-Hartford,   Manchester,  and      ' 
Glastenbury,  shall  be  one   district,  by  the  name  of  the 
district  of  Hartford.     The  towns  of  New-Haven,  Milford.  New-Haven. 
Derby.  Woodbridge.  East-Haven,  North-Haven,  Ham- 
den,  Oxford,  and  Orange  shall  be  one  district,  and   be 
called* the  district  of  New-Haven.     The  towns  of  New-  New-London. 
London,  Lyme,  Montville,  Waterford,  and  that  part  of 
Salem  which  was  formerly  in  the  town  of  Lyme,  also 
that  part  of  Salem  which  was  taken  from  the  town  of 
Montville,  shall  be  one  district,  and  be  called  the  district 
of  New-London.     The  towns  of  Fail-field  and   Weston,  Fairfield. 
shall  be  one  district,  and  be  called  the  district  of  Fair- 
field.     The  towns  of  Windham,    Lebanon,  Mansfield,  windham. 
Hampton,  and  Chaplin,  shall  be  one  district,  and  be  call- 
ed the  district  of  Windham.     The  towns  of  Plainfield,  Plainfield. 
Canterbury,  Killingly.  (except  the  north  society,)  Volun- 
town,  Sterling,  and  that  part  of  Brooklyn  which  was  for- 
merly a  part  of  Canterbury,  shall  be  one  district,  and  be 
called  the  district  of  Plainfield.     The  towns  of  Guilford  Guilford. 
and  Branford,  (except  the  society  of  Northford.)  shall  be 
one  district,  and  be  called  the  district  of  Guilford.     The 
towns  of  Woodbury,  Southbury,  Roxbury,  Bethlehem,  Woodbury. 
and  the  society  of  Judea,  in  the   town  of  Washington, 
shall  be  one  district,  and  called  the  district  of  Woodbury. 
The  towns  of  East-Haddam,  Colchester,  Marlborough,  East-Haddara. 
and  the  part  of  Salem  that  was  formerly  a  part  of  Col- 
chester, shall  be  One  district,  and  be  called  the  district 
of   East-Haddam.      The  towns  of  Litchfield,  Goshen,  £itchfield. 
Torrington,  Cornwall,  Harwinton,  Warren,  and  Wash- 


Title  19.     Courts: 


Stamford. 
Danbury. 

Norwich. 
Middletovvn. 

Pomfret. 

Sharon. 
Stafford. 

Simsbary. 

Stonington. 

Farmington. 

Wallingford. 

Saybrook. 
Stratford. 

East- Windsor. 

Waterbury. 

Norfolk. 

-Vew-Milford,. 

Hebron. 

Norwalk 


ington,  (except  the  society  of  Judea)  shall  be  one  district, 
and  be  called  the  district  of  Litchtield.  The  towns  of 
Stamford,  Greenwich,  and  Darien,  shall  be  one  district, 
and  be  called  the  district  of  Stamford.  The  towns  of 
Danbury,  Reading,  Ridgefield,  and  New-Fairfield,  shall 
be  one  district,  and  be  called  the  district  of  Danbury. 
The  towns  of  Norwich,  Preston,  Lisbon,  Franklin,  Bo/- 
rah, and  Griswold,  shall  be  one  district,  and  be  called 
the  district  of  Norwich.  The  towns  of  Middletov.ii. 
Haddam,  (except  that  part  which  lies  east  of  Connecticut 
river,)  and  Durham,  shall  be  one  district,  and  be  called 
the  district  of  Middletown.  The  towns  of  Pomfret,  Ash- 
ford,  Woodstock,  the  north  society  in  Killingly,  Thomp- 
son, and  that  part  of  Brooklyn,  not  included  in  the  dis- 
trict of  Plainfield,  shall  be  one  district,  and  be  called  the 
district  of  Pomfret.  The  toAvns  of  Sharon,  Salisbury, 
and  Canaan,  shall  be  one  district,  and  be  called  the  dis- 
trict of  Sharon.  The  towns  of  Stafford,  Tolland,  Wil- 
lington,  Somers,  Union,  Vernon,  and  the  east  part  of 
Ellington,  extending  as  far  west  as  the  west  line  of  Tol- 
land, shall  be  one  district,  and  called  the  district  of  Staf- 
ford. The  towns  of  Simsbury,  Canton,  New-Hartford, 
and  Barkhamstead,  shall  be  one  district,  and  called  the 
district  of  Simsbury.  The  towns  of  Stonington,  Groton. 
and  North-Stomngton3  shall  be  one  district,  and  called 
the  district  of  Stonington.  The  towns  of  Farmington, 
Southington,  Bristol,  and  Burlington,  shall  be  one  dis- 
trict, and  be  called  the  district  of  Farmington.  The 
towns  of  Wallingford,  Cheshire,  Meriden,  and  the  society 
of  Northford,  in  the  town  of  Branford,  shall  be  one  dis- 
trict and  called  the  district  of  Wallingford.  The  towns 
of  Saybrook  and  Killingworth,  shall  be  one  district,  and 
called  the  district  of  Saybrook.  The  towns  of  Stratford,, 
Huntington,  Trumbull,  Bridgeport,  and  Monroe,  shall  be 
one  district,  and  called  the  district  of  Stratford.  The 
towns  of  East- Windsor,  Entield,  and  that  part  of  Elling- 
ton, which  lies  west  of  a  meridian  line  drawn  from  the 
north-west  corner  of  Tolland,  shall  be  one  district,  and 
called  the  district  of  East- Windsor.  The  towns  of  Wa- 
terbury, Watertown,  Plymouth,  Wolcott,  and  Middlebu- 
ry,  shall  be  one  district  and  called  the  district  of  Water- 
bury.  The  towns  of  Norfolk,  Colebrook,  and  Winchester, 
shall  be  one  district,  and  called  the  district  of  Norfolk. 
The  towns  of  New-Milford,  Kent,  and  Sherman,  shall  be 
one  district,  and  called  the  district  of  New-Milford. 
The  towns  of  Hebron,  Coventry,  Bolton.  and  Columbia, 
shall  be  one  district,  and  called  the  district  of  Hebron. 
The  towns  of  Norwalk,  New-Canaan,  and  Wilton,  shall 
be  one  district,  and  called  thedistiict  of  Norwalk.  The 


Title  19.     Courts.  89 

towns  of  Granby  and  Hartland,  shall  be  one  district,  and  Granby. 
be  called  the  district  of  Granby.     The  towns  of  New-  Newtown. 
town  and  Brookfield,  shall  be  one  district,  and  called  the 
district  of  Newtown.     The  town  of  Suffield  shall  be  one  Suffield. 
district,  and  be  called  the  district  of  Suffield.     The  town 
of  Chatham  and  that  part  of  the  town  of  Haddam  situated  chatnam- 
on  the  east  side  of  Connecticut  river,  shall  be  one  dis- 
trict, and  be  called  the  district  of  Chatham.     The  town  Berlin, 
of  Berlin  shall  be  one  district,  and  be  called  the  district 
of  Berlin. 

SECT.  27.  The  judges  of  the  several  courts  of  probate  Judges  may 
are  hereby  authorized  to  hold  their  said  courts,  in  any  of  ljold  court.s  ia 
the  towns  within  the  districts  for  which  they  are  or  shall  f^eir  districts, 
be  appointed. 

SECT.  28.  Whenever  any  disputable  and  difficult  mat-  When  to  call 
ter  shall  appear  in  any  case,  depending  before  any  judge  assistance- 
of  a  court  of  probate,  such  judge  may  call  to  his  assistance 
any  one  or  two  of  the  judges  of  the  county  court,  of  that 
county,  in  which  such  disputable  matter  may  arise. 

SECT.  29.  Whenever  there  shall  be  so  near  a  relation-  When  dis- 
ship  between  any  deceased  person,  and  the  judge  of  pro-  1ual'fied> 
bate  of  the  district  in  which  such  deceased  person  last 
dwelt,  as  between  father  and  son,  by  nature  or  marriage, 
or  brother  and  brother,  in  like  manner,  or  between  such 
judge  and  any  person  or  persons  interested  in  the  estate 
of  such  deceased  person,  as  legatee,  devisee  or  heir  at  law ; 
or  whenever  any  judge  of  probate  shall  be  interested  in 
the  estate  of  Any  deceased  person,  as  being  legatee,  or 
devisee,  or  heir  at  law  ;  or  if  any  person,  while  acting  as 
executor  or  administrator  of  the  estate  of  any  deceased 
person,  in  any  court  of  probate,  shall  become  the  judge 
of  said  court ;  in  every  such  case,  such  judge  shall  be  dis- 
qualified to  act  as  judge,  in  the  settlement  of  such  de- 
ceased person's  estate,  and  the  cognizance  thereof,  shall  the  judge  of 
appertain  to  the  judge  of  probate  in  an  adjoining  district,  dbtrk^ 
who  may  by  law  act,  and  who  resides  nearest  to  the  resi-  cognizance : 
dence  of  the  judge  so  disqualified  ;  and  the  judge  so  resi- 
ding in  an  adjoining  district,  shall,  in  every  such  case, 
have  full  authority  to  proceed  to  a  final  settlement  of  the 
estate  of  such  deceased  person,  and  shall  cause  his  doings 
to  be  recorded  in  the  probate  records  of  the  district 
wherein  such  deceased  person  dwelt.  And  in  cases 
where  a  judge  of  probate  is  by  law  authorized  to  act  as 
judge  in  a  district  adjoining  to  his  own,  he  may  hold  his 
court  in  any  of  the  towns  either  of  his  own,  or  of  such  ad- 
joining" district.  And  if  any  claim  on  an  insolvent  estate  and  when  the 
is  to  be  reviewed  in  any  probate  district,  and  the  judge  j"d?e  is  dis- 
therein  shall  be  related  to  any  person  interested  in  such  Hcf  o^ara- 
estate,  in  so  near  a  degree  as  is  herein  specified,  such  view; 

14 


act. 


Courts  to  have 
a  seal. 


90  Title  19.     'Courts. 

who  to  act.  claim  shall  be  heard  and  decided  by  the  judge  of  probate 
in  an  adjoining  district,  residing  as  aforesaid,  and  two  jus- 
tices of  the  peace,  or  one  judge  of  the  county  court  in  the 
county  ;  and  their  judgment  on  such  claim  shall  be  final, 
and  recorded  in  the  records  of  the  probate  district,  where- 
in such  estate  is  settled  ;  and  the  judge  of  probate,  in 
such  district,  shall  conform  to  such  judgment  in  further 
proceeding  upon  such  estate. 

When  office  is  'SECT.  30.  Whenever  during  the  recess  of  the  general 
vacant,  who  to  assembly,  the  office  of  judge  of  probate,  in  any  district, 
shall  become  vacant,  by  the  death  of  the  judge,  the  judge 
of  probate  of  an  adjoining  district,  who  may  by  law  act, 
and  who  resides  nearest  to  the  last  residence  of  such  de- 
ceased judge,  shall  have  full  power  to  execute  the  office 
of  judge  of  probate  in  such  vacant  district,  until  a  judge 
for  such  district  shall  be  appointed  and  sworn. 

SECT.  31.  The  supreme  court  of  errors,  the  superior 
courts,  the  county  courts  and  the  courts  of  probate  shall 
have  a  proper  seal  belonging  to  each  of  the  said  respec- 
tive courts,  to  be  used  for  all  causes,  matters  and  things 
proper  for  said  courts,  respectively,  and  according  to  law ; 
each  of  which  courts  is  hereby  directed  and  empowered 
to  procure  its  proper  seal,  which  shall  be  lodged  with  the 
clerks  of  the  respective  courts,  to  be  used  by  their  di- 
rection. 

•SECT.  32.  Be  it  further  enacted,  That  each  and  every 
justice  of  the  peace,  duly  appointed  and  sworn,  may,  and 
he  is  hereby  authorized,  from  time  to  time,  as  there  shall 
be  occasion,  to  hold  a  justice  court  in  the  county,  for 
which  he  shall  be  appointed  ;  and  shall  have  cognizance 
of  all  actions  of  a  civil  nature,  legally  brought  before 
him,  and  may  hear,  try  and  determine  the  same,  and 
may  render  judgment,  and  grant  execution  thereon,  ac- 
cording to  law.  And  every  justice  of  the  peace,  is  here- 
by authorized  to  issue  and  sign  any  writs,  warrants  or 
other  processes,  according  to  law,  either  in  civil  or  crim- 
inal causes,  which  may  be  served  and  returned  before 
any  court  in  the  state. 

SECT.  33.  Any  justice  of  the  peace,  within  the  county 
for  which  he  may  be  appointed,  may  take  and  accept  a 
confession  or  acknowledgment  of  any  debt,  from  a  debtor 
to  his  creditor,  for  any  sum  not  exceeding  seventy  dol- 
lars, together  with  the  cost  of  such  confession,  as  the 
parties  shall  agree  ;  which  confession  shall  be  made  only 
by  the  person  "of  the  debtor  himself :  and  on  such  con- 
fession, so  made,  the  said  justice  shall  make  a  record 
thereof,  and  grant  execution  thereon,  in  due  form  of  law. 
His  exccutieiw  And  a11  executions,  granted  and  signed  by  a  justice  of  the 
•effectual.  peace,  according  to  law,  shall  be  proceeded  with,  levied 


Justice  courts. 


•Civil  jurisdic- 
tion. 


'Justices  may 
sign  writs,  &.c. 


May  take  con- 
fession of 
debt. 


Title  19.     Courts.  9.1 

and  executed,  in  the  same  manner,  and  have  the  same 
force,  to  all  intents  and  purposes,  as  executions  granted 
ty  the  other  courts. 

SECT.  34.  And  any  justice  of  the  peace,  in  any  courtj  His  criminal 
holden  by  him,  in  the  county  for  which  he  may  he  ap-  Junsdlctlon 
pointed,  shall  have  cognizance  of  all  actions  of  a  crimi- 
nal nature,  that  may  be  legally  brought  before  him,  and 
may  proceed  to  trial,  render  judgment  therein,  and  grant 
a  warrant  for  the  execution  thereof,  according  to  law. 
But  the  defendant,  in  all  such  actions  or  complaints,  (ex-  A"  appeal 
cept  in  actions  or  complaints  for  the  crimes  of  drunken-  a"owed 
ness,  profane  cursing  and  swearing  and  sabbath-breaking) 
may  appeal  from  the  judgment  of  the  justice  therein,  to 
the  county  court,  next  to  be  holden  in  the  county,  where 
such  justice  court  may  have  been  holden. 

SECT.  35.  And  whenever  any  complaint,  for  any  crimi-  When  a  coio- 
nal  matter,  shall  be  legally  brought  before  a  justice  of  the  JjJjJVeby1  a°" 
peace,  which  is  by  law  cognizable  by  a^  higher-court,  such  justice,  is 
justice  is  hereby  authorized  to  hear  and  enquire  into  the  brought  be- 
facts  relating  thereto,   and  if  thereupon  he  shall  be  of  [^^  p«J" 
opinion,  that  probable  ground  exists  for  the  support  of  Ceed 
such  complaint,  he  may    order  the  defendant   to  give 
bond,  or  to  enter  into  a  recognizance,   with  sufficient 
surety,  (provided  the  offence  be  by  law  bailable)  condi- 
tioned that  the  defendant  appear  before  the  court  hav- 
ing cognizance  of  the  offence,  at  the  next  session  thereof, 
to  be  holden  in  the  county  where  the  offence  was  com- 
mitted, and  abide  the  order  or  judgment  of  said  court, 
touching  said  complaint,  which  complaint  the  said  justice 
shall  transmit  to  said  court,  with  his  doings  thereon  in- 
dorsed ;  and  on   the  failure  of  such  defendant  to  give 
such  bond,  or  to  enter  into  such  recognizance,  or  if  the 
offence  complained  of  be.  not  bailable,  it  shall  be  the 
"duty  of  said  justice  of  the  peace  to  order  such  defendant 
to  be  committed  to  the  common  gaol  in  said  county,  till  the 
next  session  of  the  court  having  cognizance  of  the  offence, 
or  till  he  shall  he  discharged  by  due  course  of  law. 

SECT.  36.  Any  justice  of  the  peace,  in  his  county,  shall  Justices  of  the. 
have  power,  from  his  personal  knowledge,  ex  officio,  to  {^[et  ™* 
require  sureties  of  the  peace  and  good  behavior,  from  any  behavior, 
person  or  persons,  that  threaten  to  beat  or  kill  another, 
or  contend,  with  hot  and  angry  words,  or  by  threats,  tur- 
bulence and  violence,  or  by  any  other  unlawful  act,  terri- 
fy and  disturb  the  good  people  of  the  state.     And  when- 
ever an  individual  shall  complain,  on  oath,  to  a  justice  of 
the  peace,  against  another,  that  he  has  just  cause  to  fear 
that  he  will  imprison,  beat,  or  kill  him,  or  procure  others 
to  do  so,  and  that  he  is  under  fear  of  death,  or  bodily 
harm,  such  justice  of  the  peace  may  require  sureties  ol 


Title  19.     Courts. 


Judge,  Sic. 
not  to  be  sher- 
iff, constable, 
or  taverner. 

What  relation- 
ship shall  dis- 
qualify. 


Continuance 
of  cause. 


County  court, 
how  formed, 
when  all  the 
judges  nr«  dis- 
qualified. 


Bemoval  of 
appealable 
causes  to  su- 
perior court. 


Courts  may 
make  orders 
relativp  to  no- 
tice in  cer- 
tain cases. 


the  peace  and  good  behavior,  from  the  person  so  com* 
plained  of;  and  if  any  person  being  so  ordered  to  find 
surety  for  the  peace  and  good  behavior,  shall  neglect  or 
refuse  to  comply  with  such  order,  the  justice  of  the  peace 
ordering  the  same,  may  commit  such  person  to  the  com- 
mon gaol,  in  the  county  where  the  person  complained  of 
resides,  there  to  remain  until  he  shall  be  discharged  by 
due  course  of  law,  or  until  the  next  session  of  the  county 
court  in  said  county  ;  which  court  may  make  further  or- 
der, relating  to  the  subject  matter  of  the  complaint. 

SECT.  37.  No  judge,  or  justice  of  the  peace,  shall  hold 
the  office  of  sheriff,  deputy-sheriff,  or  constable,  or  be  a 
taverner. 

SECT.  38.  Whenever  there  shall  be  so  near  a  relation- 
ship between  any  judge,  or  justice  of  the  peace,  and  any 
party  in  a  civil  action,  as  between  father  and  son,  by  na- 
ture or  marriage,  brother  and  brother,  in  like  manner, 
uncle  and  nephew,  in  like  manner,  landlord  and  tenant;  or 
whenever  any  judge  or  justice  may  be  liable,  in  any  man- 
ner, to  contribute,  out  of  his  estate,  to  the  damages,  cost 
or  expenses  of  any  action  ;  or  whenever  he  may  receive 
a  direct  pecuniary  benefit,  by  the  determination  thereof; 
in  ail  such  actions,  the  said  judge  or  justice,  shall  be  dis- 
qualified to  act  as  judge,  or  render  judgment.  When  a 
judge  of  the  superior  court  shall  be  disqualified  to  sit  in 
a  cause  depending  before  him,  such  cause  shall  be  contin- 
ued to  the  next  term  of  the  court. 

SECT.  39.  When  all  the  judges  of  the  county  court  shall 
be  disqualified  to  sit  in  a  cause  pending  before  them, 
which  is  not  appealable,  the  clerk  of  the  court  shall  draw, 
by  lot,  from  the  names  of  all  the  justices  of  the  peace,  in 
the  town  Avhere  the  court  is  sitting,  the  names  of  three 
justices  of  the  peace,  or  if  such  town  is  interested,  from 
any  adjoining  town,  not  interested  ;  and  shall  cause  no- 
tice to  be  given  to  the  three  justices  of  the  peace,  drawn 
as  aforesaid,  who  shall  have  power  to  try  such  cause,  ac- 
cording to  law  :  and  if  such  cause  shall  be  appealable, 
then  the  plaintiff  shall  have  power  to  remove  it  to  the 
next  superior  court,  in  the  county,  on  giving  bond,  with 
surety,  to  prosecute  his  action  to  effect  :  and  he  may  enter 
his  action  in  the  superior  court,  in  the  same  manner  as  if 
appealed  :  and  such  superior  court  shall  have  power  to 
proceed  to  final  judgment,  in  the  same  manner  as  if  the 
cause  had  been  brought  there  by  appeal. 

SECT.  40.  The  courts  of  law,  may  make  such  orders 
as  they  shall  deem  reasonable,  relative  to  the  notice 
which  shaU  be  given  of  petitions  for  new  trials,  writs  of 
error,  and  appeals  from  courts  of  probate,  whereof  they 
respectively  have  cognizance,  whenever  the  adverse  par- 


Title  19.     Courts. 


93 


ty  or  parties  to  such  petition  for  a  new  trial,  writ  of  error, 
or  any  person  or  persons  are  interested  in  such  appeal, 
as  that  they  ought  to  be  made  parties  thereto,  reside 
without  this  state ;  and  such  notice  having  been  given, 
pursuant  to  the  orders  of  such  courts  respectively,  in  the 
mode  therein  prescribed,  and  duly  proved  to  such  courts, 
shall  be  deemed  sufficient  service. 

SECT.  41.  The  judges  of  the  supreme  court  of  errors,  Judges,  Lc. 
of  the  superior  and  county  courts,  judges  of  probate,  and      v  aPPointed 
justices  of  the  peace,  shall  be  appointed,  by  the  concur- 
rent vote  of  the  senate  and  house  of  representatives  ;  and 
the  judges  of  the  supreme  court  of  errors,  and  of  the  su- 
perior court,  shall,  in  all  cases,  be  chosen  by  ballot,  in 
each  house  of  the  general  assembly.     And  all  judges  and  Continuance  ot 
justices  of  the  peace,  annually  appointed,  commissioned,  ol 
and  sworn,  shall  be  authorized  and  empowered  to  execute 
their  offices  until  the  twentieth  day  of  June,  in  the  year 
next  ensuing  their  appointment,  unless  their  commission 
be  sooner  revoked,  or  suspended,  by  act  of  the  general 
assembly.  (1) 


(1)  The  first  legislators  of  this  country 
had  no  idea  of  keeping  separate  the  legis- 
lative, executive,  and  judicial  branches  of 
the  government.  All  power  was,  at  first, 
centered  in  one  body  ;  and  though,  at 
times,  judicial  power  was  delegated  to  a 
particular  court,  yet  the  ultimate  right  of 
decision  remained  in  the  legislature.  Af- 
ter they  had  received  the  charter,  as  ap- 
pears in  the  revision  of  1672,  they  estab- 
lished a  court  of  assistants,  to  be  holden 
in  May  and  October,  at  Hartford,  by  the 
governor,  or  deputy  governor,  and  six  as- 
sistants at  least.  Two  county  courts  were 
to  be  holden  in  each  county,  by  any  three 
or  more  of  the  assistants.  Every  assist- 
ant had  jurisdiction  of  all  causes  to  the 
amount  of  forty  shillings,  in  the  county  in 
which  he  lived,  and  in  towns  where  there 
was  no  assistant,  commissioners,  with 
two  select-men,  had  a  like  power.  Ap- 
peals would  lie,  in  all  cases,  from  an  as- 
sistant to  the  county  court  ;  from  the 
county  court  to  the  court  of  assistants ; 
and  from  that  court  to  the  general  court. 
The  admission  of  appeals  to  the  general 
court  did  not  long  continue  ;  for  in  the 
revision  of  1702,  no  such  right  isallowed  ; 
but  the  party  aggrieved  by  the  judgment 
of  a  county  court,  had  a  rigM  to  appeal 
to  the  next  court  of  assistants,  and  to  re- 
view his  cause  in  the  same  county  court 
where  it  was  tried  ;  and  the  party  aggriev- 
ed, on  the  trial  by  review,  had  a  right  of 
appeal  Every  cause  could  be  reviewed 
in  the  court  of  assistants,  except  where  it 
Was  appealed  from  the  county  court,  on 


a  judgment  by  review.  The  incouven 
ience  of  a  court,  organized  like  the  court 
of  assistants,  induced  the  legislature,  in 
1711,  to  constitute  &  superior  court,  con- 
sisting of  five  judges,  three  of  whom 
should  be  a  quorum,  to  hold  sessions 
twice  in  each  year,  in  every  county  ;  and 
this  court  consisted  of  tfcj deputy-gover- 
nor, and  four  assistants,  annually  appoint- 
ed by  the  legislature. 

In  1714,  an  act  was  passed,  declaring 
that  actions,  wherein  the  title  of  land  was 
not  concerned,  brought,  by  appeal,  from 
the  judgment  of  an  assistant,  or  justice  of 
the  peace,  to  the  county  court,  should 
not  be  reviewed  or  appealed  from,  but 
the  first  trial  should  be  conclusive.  ;  and 
that  in  actions  brought  immediately  to 
the  county  court,  wherein  the  title  of 
land  was  not  concerned,  and  the  demand 
did  not  exceed  forty  shillings,  the  judg- 
ment of  the  county  court  could  not  be 
appealed  from,  but  might  be  reviewed. 
'I  he  legislature,  however,  considering  the 
great  expense  and  delay,  arising  from  the 
allowance  of  appeals  and  reviews,  in  all 
caces,  passed  an  act,  in  1725,  prohibiting 
appeals,  or  reviews,  where  the  matter  in 
demand  did  not  exceed  twenty  shillings  ; 
and  also,  in  all  cases  in  the  county  court, 
where  the  action  was  brought  on  a  bill, 
or  bond,  for  the  payment  ef  a  certain 
sum  of  money  only. 

In  the  revision  of  1750,  it  appears  that 
no  appeal  was  admitted  from  the  judg- 
ment of  an  assistant,  or  justice  of  the 
peace,  unless  the  demand  exceeded  twen- 


Title  19.     Courts. 


ty  shillings,  or  where  the  action  was  on 
a  bond  or  note,  and  the  demand  did  not 
exceed  forty  shillings ;  and  that  no  appeal 
from,  or  review  in,  the  county  court, 
should  be  allowed,  where  the  --uit  was 
brought  on  bonds,  bills,  or  notes,  for 
money  or  bills  of  credit  only,  vouched  by 
two  witnesses  ;  and  that  no  appeal  should 
be  allowed  from  the  county  court,  where 
the  title  of  land  was  not  concerned,  and 
the  demand  did  not  exceed  ten  pounds  ; 
and,  in  1761,  the  right  of  review,  in  all 
civil  actions,  was  taken  away,  t:nd  the 
power  of  granting  new  trials,  was  given 
in  lieu  thereof.  In  the  revision  of  1784, 
the  right  of  appeal  from  the  county  court 
was  taken  away,  unless  the  matter  in  de- 
mand exceeded  twenty  pounds  ;  v  hich 
has  been  since  altered  to  seventy  dollars. 

Though  the  legislature  constituted  a  ju- 
dicial department,  yet  they  retained  im- 
portant judicial  power  in  their  hands. 
Writs  of  error,  in  all  questions  of  law, 
would  lie  from  the  superior  court  to  the 
general  assembly ;  and  they  retained  the 
exclusive  jurisdiction,  in  all  matters  of 
equity.  Many  petitions  of  a  private  and 
adversary  nature,  were  brought  before 
them  ;  the  two  houses  assembled  togeth- 
er for  the  purpose  of  a  joint  hearing  of  the 
causes  ;  and  the  principal  part  of  the  ses- 
sion was  consumed  in  the  proper  business 
of  the  judiciary.  But  so  great  was  the 
increase  of  applications,  that  in  1773,  the 
legislature  delegated  to  the  courts  of  law, 
instead  of  creating  a  new  tribunal,  a  con- 
siderable portion  of  their  equity  jurisdic- 
tion ;  and,  in  process  of  time,  divested 
themselves  of  all  chancery  power. 

So  manifest  was  the  impropriety  of 
permitting  the  most  numerous  branch  of 
the  legislature  to  compose  a  part  of  the 
court  of  dernier  resort,  in  questions  of 
law,  that,  in  1784,  the  lieutenant-gover- 
nor, and  the  council,  were  constituted  to 
be  the  supreme  court  for  the  correction  of 
errors  ;  to  which  tribunal  the  governor 
was  added, in  1793.  Such  was  the  accu- 
mulation of  business  in  the  superior  court, 
that,  in  1801,  it  became  necessary  to  in- 
crease the  number  of  judges  to  six  ;  to 
divide  the  state  into  two  circuits  ;  in  the 
winter,  to  be  holden  by  three  judges, 
while  the  whole  number  composed  the 
summer  circuit,  with  a  special  view  to 
decide  questions  of  law. 

In  1806,  another  important  alteration 
took  place.  It  was  thought,  that  the  mem- 
bers of  the  legislative  council,  not  elected 


with  a  view  to  their  qualifications  as  judg- 
es, and  many  of  whom  were  judges  of 
the  county  courts,  were  not  a  proper  tri- 
bunal to  revise  the  decisions  of  the  supe- 
rior court,  and  be  the  nltimate  arbiters  of 
questions  of  law  ;  and  it  was  found,  so 
great  was  the  accumulation  of  business, 
that  the  new  organization  of  the  superior 
court  did  not  enable  it  to  try  all  the  caus- 
es that  came  before  it,  within  such  rea- 
sonable time  as  the  public  interest  requir- 
ed. Accordingly,  the  number  of  judges 
was  increased  to  nine  ;  the  state  was  di- 
vided into  three  circuits,  in  which  the 
courts  were  to  be  holden  by  three  judges  ; 
and  the  whole  number  constituted  a  su- 
preme court  of  errors,,  to  be  holden  at 
Hartford  and  New-Haven. 

Though  the  legislature,  from  time  1o 
time,  had  stripped  themselves  of  their  ju- 
dicial power,  by  delegating  it  to  other 
tribunals ;  yet  they  did  not  wholly  re- 
irain  from  interposing  in  causes  of  an  ad- 
versary nature.  An  opinion  seems  to 
have  been  entertained,  that,  as  they  were 
not  limited  in  their  power,  like  a  judicial 
tribunal,  they  could,  acting,  on  more  ele- 
vated and  extended  principles,  do  more 
complete  justice,  than  could  be  obtained 
in  a  court  of  law,  or  even  in  a  court  of 
equity.  Of  course,  applications  of  a  pri- 
vate nature,  between  party  and  party, 
were  sometimes  sustained,  and  decrees 
passed  in  favor  of  the  applicants,  not  only 
where  no  court  had  a  right  to  interpose, 
but  against  the  established  rules  of  law. 
Experience  demonstrated,  that  nothing 
could  be  more  improper  or  dangerous, 
than  the  exercise  of  such  an  arbitrary 
discretion,  by  the  legislature.  According- 
ly, the  constitution  lias  now,  in  conform- 
ity to  correct  principles,  divided  the  pow- 
ers of  government  into  three  distinct  de- 
partments, and  confided  each  of  them  to 
a  separate  magistracy  :  of  course,  the  le- 
gislature cannot  interpose  in  matters  of  a 
private  nature,  between  parties,  without 
infringing  that  instrument.  The  inde- 
pendence of  the  judiciary,  so  essential  to 
a  pure  administration  ofjustice.has  been 
provided  for,  by  the  constitution ;  and 
the  judges  are  not  now  dependent  on  an 
annual  appointment.  The  number  has 
been  reduced,  by  law,  from  nine  to  five, 
who  constitute  the  supreme  court  of  errors; 
and  a  single  judge,  at  the  circuits,  is  vest- 
ed with  all  the  power  formerly  given  tft. 
the  five  judges. 


Title  20.     Crimesumd  Punisfimetits.  96 

TITLE  20.     Crimes  and  Punishments. 

An  Act  concerning  Crimes  and  Punishments. 

WJE  it  enacted  by  the  Senate  and  House  of  Rep-  Crimes  against 
*  resentatives  in  General  Assembly  convene  d, 


That  the  offences  hereinafter  mentioned,  shall  be  punish-  STATE. 
ed  as  follows  :    Every  person  who  shall  commit  treason  T 
against  this  state,  by  levying  war  against  the  same,  or  by 
adhering  to  the  enemies  thereof,  giving  them  aid  and  com- 
fort, and  be  thereof  duly  convicted,  shall  suffer  death. 

SECT.  2.  Every  person  who  shall  endeavor  to  join  the  Misprision  of 
enemies  of  this  state,  or  use  his  or  her  influence  to  per-  treason- 
suade  or  induce  any  person  or  persons  to  join,  aid,  or 
comfort  them,  in  any  way  or  manner  whatsoever,  or  shall 
have  knowledge  of  any  person  or  persons,  endeavoring, 
or  using  their  influence  aforesaid,  and  shall  conceal  the 
same,  being  thereof  duly  convicted,  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  and  by  impri- 
sonment, in  newgate  prison,   for  a  term  not   exceeding 
seven  years.  Crimes  against 

SECT.  3.  And  be  it  further  enacted,  That  every  person  the  LIVES  AND 
,       v    11  •.        J  i  j  i      ,•  /-i    i        J  r-   .     i    PERSONS  OF  nr> 

who  shall  commit  murder,  and  be  thereof  duly  convicted,  DIVIDCALS. 

shall  suffer  death.  Murder. 

SECT.  4.  Every  person  who  shall  commit  manslaugh-  Manslaughter. 
ter,  and  be  thereof  duly  convicted,  shall  forfeit  and  pay  a 
fine  not  exceeding  five  hundred  dollars,  and  suffer  impris- 
onment in  a  common  gaol,  or  in  newgate  prison,  at  the 
discretion  of  the  court  having  cognizance  of  the  offence, 
for  a  term  not  exceeding  three  years,  nor  less  than  six 
months. 

SECT.  5.  Every  person  who  shall  commit  perjury,  with  Perjury  with 

l°  tak* 


an  intention  thereby  to  take  away  the  life  of  any  person, 
and  be  thereof  duly  convicted,  shall  suffer  death. 

SECT.  6.  Every  person  who  shall  commit  arson,  and  Arson,  thereby 
shall  thereby  cause  the  death,  or  endanger  the  life,  of  causinS  death 
any  person,  and  shall  be  thereof  duly  convicted,  shall 
suffer  death. 

SECT.  7.  Every  person  who  shall   wilfully  burn  any  Burning  any 
building,  other  than  a  dwelling-house,  or  an  out-house  Jyilcdaijfi'ntghere" 
parcel  thereof,  or  any  vessel,  and  shall  thereby  cause  the  death. 
death  of  any  person,  being  thereof  duly  convicted,  shall 
suffer  death. 

SECT.  8.  Every  person    who  shall,  of  malice  afore-  Cutting  out 
thought,  and  by  laying  in  wait,   cut  out  or  disable  the  toDSue'  &c 
tongue  of  another,  or  put  out  the  eye  or  eyes  of  another, 
so  that  the  person  is  thereby  made  blind,  or  cut  off  all  or 


96  Title  20.     Crimes  and  Punishments. 

any  of  the  privy  members  of  another,  and  shall  be  thereof 
duly  convicted,  shall  suffer  death. 

Putting  out  eye  SECT.  9.  Every  person  who  shall,  of  malice  afore- 
to%fcfighure.tent  th(>ught,  put  out  an  eye,  slit  the  nose,  cut  or  bite  off  the 
nose,  ear  or  lip,  or  cut,  or  bite  of,  or  disable  any  limb 
or  member  of  another  person,  with  an  intention  in  so 
doing  to  maim  or  disfigure  such  person,  and  shall  be  there- 
of duly  convicted,  shall  suffer  imprisonment,  in  new- 
gate  prison,  during  his  natural  life,  or  for  such  other  term 
as  the  court  having  cognizance  of  the  offence  shall  de- 
termine. 

Rape.  SECT.  10.    Every  person  who  shall  commit  the  crime 

of  rape,  and  be  thereof  duly  convicted,  shall  suffer 
death. 

Abuse  of  fe-  SECT.  11.  Every  person  who  shall  carnally  know  and 
male  child.  abuse  any  female  child,  under  the  age  of  ten  years,  and 
shall  be  thereof  duly  convicted,  shall  suffer  imprisonment, 
in  newgate  prison,  during  his  natural  life,  or  for  such 
other  term  as  the  court  having  cognizance  of  the  offence 
shall  determine. 

intent  to  com-       SECT.   12.  Every  person  who  shall,   with  actual  vio- 
lence, an  assault  make  on  the  body  of  any  female,  with  an 
intention  to  commit  a  rape,  and  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment,  in  newgate  prison, 
during  his  natural  life,  or  for  such  other  term  as  the  court 
having  cognizance  of  the  offence  shall  determine. 
Intent  to  kill  or       SECT.  13.  Every  person  who  shall,  with  actual  vio- 
lence, an  assault  make  on  another  person,  with  an  inten- 
tion him  or  her  to  kill  or  rob,  and  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment  in  newgate  prison, 
during  his  natural  life,  or  for  such  other  term  as  the  court 
having  cognizance  of  the  offence  shall  determine. 
Administering        SECT.  14.  Every  person  who  shall,  wilfully  and  mali- 
fent°to  murder  ci°usly>  administer  to,  or  cause  to  be  administered  to,  or 
qr  cause  mis- '  taken  by,  any  person  or  persons,  any  deadly  poison,  or 
carriage.  other  noxious  and  destructrive  substance,  with  an  inten- 

tion him,  her,  or  them,  thereby  to  murder,  or  thereby  to 
cause  or  procure  the  miscarriage  of  any  woman,  then 
being  quick  with  child,  and  shall  be  thereof  duly  convict- 
ed, shall  suffer  imprisonment,  in  newgate  prison,  during 
his  natural  life,  or  for  such  other  term  as  the  court  having 
cognizance  of  the  offence,  shall  determine. 

of  arbaSery       SECT'  13'  .If  any  woman  shall  conceal  her  pregnancy, 
child.  and  shall  willingly  be  delivered  in  secret,  by  herself,  of 

any  issue  of  her  body,  male  or  female,  which  shall  by  law 
be  a  bastard ;  every  such  woman,  so  offending,  being 
thereof  duly  convicted,  before  the  superior  or  county 
court,  shall  pay  a  fine  not  exceeding  the  sum  of  one  hun- 
dred and  fifty  dollars,  or  be  imprisoned  not  exceeding 


Title  20.     Crimes  and  Punishments.  97 

three  months,  at  the  discretion  of  the  court  having  cog- 

7  O  D 

nizance  of  the  offence. 

SECT.  16.  If  any  woman  shall  endeavor  privately,  Concealment 
either  by  herself,  or  the  procurement  of  others,  to  con-  °ttfrj|e"JuJf  ***" 
ceal  the  death  of  any  such  issue  of  her  body,  which,  if  it 
were  born  alive,  would  by  law  be  a  bastard,  so  that  it 
may  not  come  to  light  whether  it  were  horn  alive  or  not, 
or  whether  it  were  murdered  or  not;  every  such  woman, 
.-o  offending,  being  thereof  duly  convicted,  before  the 
superior  or  county  court,  shall  be  set  on  a  gallows,  with  a 
rope  about  her  neck,  for  the  space  of  one  hour  ;  and  be 
further  punished,  by  being  bound  to  her  good  behavior, 
and  imprisoned  for  a  term  not  exceeding  one  year, 
at  the  discretion  of  the  court  having  cognizance  of  the 
ofience.(l) 

SE<:T.  17.  Every  person  who  shall  kidnap,  or  forcibly  Kidnaping, 
or  fraudulently  carry  off,  or  decoy  out  of  this  state,  any 
free  person,  or  person  entitled  to  freedom,  or  shall  arrest 
and  imprison  any  free  person,  or  person  entitled  to  free- 
dom, knowing  such  person  to  be  free  or  entitled  to  free- 
dom, with  an  intention  to  have  such  person  carried  out 
of  this  state,  and  shall  be  thereof  duly  convicted,  hefore 
the  superior  or  county  court,  shall  forfeit  and  pay  the 
sum  of  four  hundred  dollars,  one  half  to  him  or  them  who 
shall  sue  for  and  prosecute  the  same  to  effect,  and  the 
other  half  to  the  use  of  this  state.  Provided,  that  nothing  Proviso 
in  this  section,  shall  operate  to  prevent  persons  coming 
into  this  state,  for  the  purpose  of  temporary  residence, 
or  passing  through  the  same,  from  carrying  with  them 
their  servants,  nor  to  prevent  persons  moving  out  of  the 
state  for  the  purpose  of  residence,  from  carrying  and 
transporting  with  them  such  servants  as  belong  to  them, 
or  to  prevent  persons  living  within  this  state,  from  direct- 
ing their  servants  out  of  the  state  about  their  ordinary 
and  necessary  business. 

SECT.  18    And  be  it  further  enacted,  That  every  per-  PL-B™fcS  pw>"S 
son  who  shall  wilfully,  and  maliciously,  burn  or  destroy,  P*.RTY. 
or  attempt,  or  conspire,  to  burn  or  destroy  any  magazine  Destroying' 
of  provisions,  or  of  military,  or  of  naval  stores,  belonging  magazine,  &c. 
to  this  state,  or  subject  to  the  jurisdiction  thereof,  and 
shall  be  thereof  duly  convicted,  shall  suffer  imprison- 
ment, in  neAvgate  prison,   during  his  natural  life,  or  for 


(1)  in  the  revision   in    1702,  there  is  a  evidence,  that  the  bastard  child  was  born 

statute  copied  from  a  statute  in  England,  alive,  to  convict  the  mother;  yet,  as  there 

21  Jac.  1  ch.  27,  declaring,   That  the  con-  was  a  possibility,  that,  in  some  cases,  an 

cealingthe  death  of  a  bastard  child,  should  innocent  woman  might  be  convicted,  un- 

be  evidence  of  murder,  by  the  motbep,  un-  der  such  a  law,  the;  present  provision  was 

less  she  could  prove  it  to  be  born  dead,  introduced  in  1808, 
Though  courts  had  always  required  some 


96  Title  20.     Crimes  and  Punishments. 

such  other  term  as  the  court  having  cognizance  of  tht; 
offence  shall  determine. 

Burnine  state-  SECT.  19.  Every  person  who  shall  wilfully  and  ma- 
house,  &c.  liciously  burn,  or  attempt,  or  conspire  to  burn,  any  state- 
house,  court-house,  county-house,  town-house,  arsenal, 
magazine,  prison,  gaol,  work -house,  poor-house,  market, 
or  other  building  belonging  to  this  state,  or  to  any  coun- 
ty, town,  city,  or  borough  in  this  state  ;  or  any  church, 
chapel,  meeting-house,  or  other  building  used  for  reli- 
gious worship  ;  or  any  college,  academy,  school-house, 
or  other  building  used  for  literary  instruction  5  and  shall 
be  thereof  duly  convicted,  shall  suffer  imprisonment,  in 
newgate  prison,  for  a  term  not  exceeding  seven  years. 
Torging  public  .SECT-.  20.  If  any  person  shall  falsely  make,  forge,  or 
securities,  fee.  coimterfeit,  Or  cause  to  be  falsely  made,  forged,  or  coun- 
terfeited, any  warrant,  order,  certificate,  or  other  public 
security,  whereby  money  may  be  drawn  from  the  treasu- 
ry of  this  state,  or  from  the  treasury  of  any  county,  town, 
city,  borough,  or  ecclesiastical,  or  school  society  in  this 
state  ;  or  shall  alter  any  such  warrant,  order,  certificate, 
or  public  security,  so  that  the  same  shall  appear  to  be  of 
greater  value  ;  or  shall  alter,  pass,  or  give  in  payment, 
or  offer  to  pass,  or  give  in  payment,  any  such  forged, 
counterfeited,  or  altered  warrant,  order,  certificate,  or 
public  security,  knowing  it  to  be  such  ;  with  an  intention 
to  defraud  this  state,  or  anybody  politic  or  corporate, 
or  any  person  or  persons  ;  every  such  person,  so  offend- 
ing, being  thereof  duly  convicted,  shall  suffer  imprison- 
ment, in  newgate  prison,  for  a  term  not  exceeding  three 
years. 

Crime*  against      SECT.  21.  And  be  it  further  enacted,    That  every  per- 
PKIVATE  PRO-   S011j  who  shall  commit  robbery,  and  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment,  in  newgate  prison^ 
Robbery.          for  a  term  not  exceeding  seven  years. 

SE«:T.  22.  Every  person  who  shall  commit  burglary, 
and  shall  be  thereof  duly  convicted,  shall  suffer  imprison- 
ment in  newgate  prison,  for  a  term  not  exceeding  thre« 
years. 

Robbery  or  SECT.  23.  Every  person  who  shall  commit  robbery  or 

burglary,  with  burglary,  and  shall,  in  the  perpetration  thereof,  be  guilty 

.personal  abuse.  of  anv  persOnal  abuse,  force,  or  violence,  or  shall  be  so 

armed  with  any  dangerous  armour  or  weapon,  as  clearly 

to  indicate  violent  intentions,  and  shall  be  thereof  duly 

convicted,  shall  suffer  imprisonment,  in  newgate  prison, 

during  his  natural  life,  or  for  such  other  term,  not  less 

than  seven  years,  as  the  court  having  cognizance  of  the 

offence,  shall  determine. 

Breaking  store,      SECT.  24.  Every  person  who  shall,  in  the  night  season, 
«ic.  with  intent  ,  .»  *    ,  i  i_ 

to  commit  theft  break  and  enter  the  store,  shop,  ware-house,  or  out-house 


Title  20.  Crimes  and  Punishments.  99?'. 

of  another,  whether  parcel  of  any  mansion-house  or  not, 
wherein  goods,  wares  or  merchandize  are  deposited,  with 
an  intention  to  commit  theft  within  the  same,  and  shall 
be  thereof  duly  convicted,  shall  suffer  imprisonment,  in 
newgate  prison,  for  a  term  not  exceeding  three  years. 

SECT.-  25.  Every  person  who  shall  break  and  enter  Breaking  dwel- 
the  dwelling-house  of  another,  in  the  day  time,  any  per-  ''"grouse   in 
son  being  therein,  and  thereby  put  in  fear  or  dread,  with 
an  intention  to  commit  theft  therein,  and  shall  be  thereof 
duly  convicted,  shall  suffer  imprisonment,  in  newgate 
prison,  for  a  term  not  exceeding  three  years. 

SECT.  26.  Every  person  who  shall  commit  arson,  and  Arson, 
be  thereof  duly  convicted,  shall  suffer  imprisonment,  in 
newgate  prison,  for  a  term  not  exceeding  seven  years. 

SECT.  27.  Every  person  who  shall  wilfully  burn,  being  Burning  vessel; 
the  property  of  another,  any  ship  or  other  vessel  ;  any  office»&-c 
office,  store,  shop,  warehouse,  mill,  distillery,  brewery  or 
manufactory ;  or  any  barn,  stable  or  other  out-house,  not 
parcel  of  any  dwelling-house  ;  and  shall  be  thereof  duly 
convicted,   shall  suffer  imprisonment,  in  newgate  prison, 
for  a  term  not  exceeding  seven  years. 

SECT.  28.  Every  person,  being  the  owner  or  tenant  of  Burning   one's 

any  house,  out-house,  office,  store,  shop,  warehouse,  mill,  j1^®'  ^'  ^h 
distillery,   brewery  or  manufactory,  who  shall  wilfully  fraud  insurer?. 
burn  the  same,  with  an  intention  thereby  to  defraud  or 
prejudice  any  person,  or  body  politic  or  corporate,  that 
hath  underwritten,  or  shall  underwrite  any  policy  or 
policies  of  insurance  thereon,  or  on  any  goods,  wares  or 
merchandize  therein,  and  shall  be  thereof  duly  convict- 
ed, shall  suffer  imprisonment,  in  newgate  prison,  for  a 
term  not  exceeding  seven  years. 

SECT.  29-.  Every  person  being  the  owner  of,  or  cap-  Destroyingves 
tain,  master,  officer  or  mariner,  belonging  to  any  ship,  or  to'' defraud^"1 
vessel,  who  shall  wilfully  cast  away,  burn  or  otherwise  surers. 
destroy  the  ship  or  vessel  of  which  he  is  owner,  or  to 
which  he  belongeth,  with  an  intention  thereby  to  defraud 
or  prejudice  any  person,  or  body  politic  or  corporate,  that 
hath  underwritten,   or  shall  underwrite  any  policy  or 
policies  of  insurance  thereon,  or  on  the  cargo  thereof,  or 
any  merchant  that  hath  laden,  or  shall  load  goods  thereon, 
or  any  owner  or  owners  of  such  ship  or  vessel,  and  shall 
be  thereof  duly  convicted,  shall  suffer  imprisonment  in 
newgate  prison  for  a  term  not  exceeding  seven  years. 

SECT.  30.  If  any  person  shall  falsely  make,  alter,  forge  Forgen 
or  counterfeit,  or  cause  to  be  falsely  made,  altered,  forg- 
ed or  counterfeited,  any  deed  or  writing  sealed,  instru- 
ment of  conveyance,  will,  testament,  codicil,  bond,  writ- 
ing obligatory,  promissory  note,  bill  of  exchange,  bill  oi 
'adine.  acceptance  of  any  bill  of  exchange,  indorsement 


100 


Counterfeiting 
coin. 


possessing 
with  intent  to 

Eass  cou;'ter- 
:ited  coin. 


Selling,  fcc. 
counterfeited 
bills,  with  in- 
tent to    have 
the  same  pass- 
ed. 


Title  20.     Crimes  and  Punishments. 

or  assignment  of  any  bill  or  note,  letter  of  credit,  warrant 
or  order  for  payment  of  money  or  delivery  of  goods,  re- 
ceipt, release,  acquittance,  letter  of  attorney,  or  any 
other  writing  of  any  person  or  persons,  or  body  politic  or 
corporate,  with  an  intention  to  defraud  or  prejudice  any 
person  or  persons,  or  body  politic  or  corporate  ;  or  shall, 
with  like  intention,  utter  or  publish  as  true,  any  false, 
forged  or  counterfeited  deed,  or  writing  sealed,  instru- 
ment of  conveyance,  will,  testament,  codicil,  bond, 
writing  obligatory,  promissory  note,  bill  of  exchange,  bill 
of  lading,  acceptance  of  any  bill  of  exchange,  indorse- 
ment or  assignment  of  any  bill  or  note,  letter  of  credit, 
warrant  or  order  for  the  payment  of  money  or  delivery 
of  goods,  receipt,  release,  acquittance,  letter  of  attorney, 
or  other  writing,  of  any  person  or  persons,  or  body  politic 
or  corporate,  knowing  the  same  to  be  false,  altered,  forg- 
ed or  counterfeited  ;  every  person,  so  offending,  being 
thereof  duly  convicted,  shall  suffer  imprisonment,  in 
newgate  prison,  for  a  term  not  exceeding  three  years  ; 
and  shall  reader  and  pay  to  the  party  or  parties  injured 
thereby,  double  damages,  to  be  recovered  by  action, 
founded  on  this  statute  ;  and  shall  be  rendered  incapable 
and  disabled  to  give  any  evidence  or  verdict  in  any  court 
or  judicial  proceeding. 

SECT.  31  If  any  person  shall  counterfeit,  or  cause  or 
procure  to  be  counterfeited,  any  of  the  species  of  gold  or 
silver  coins  now  current,  or  hereafter  to  be  current  in  this 
state  ;  or  shall  pass  or  give  in  payment,  or  offer  to  pass  or 
give  in  payment  the  same ;  or  to  permit,  cause  or  pro- 
cure the  same  to  be  altered  or  passed,  with  an  inten- 
tion to  defraud  any  person  or  body  politic  or  corporate, 
knowing  the  same  to  be  counterfeited ;  every  such  per- 
son, so  offending,  being  thereof  duly  convicted,  shall  be 
imprisoned,  in  newgate  prison,  for  a  term  not  exceeding 
three  years. 

SECT.  32.  If  any  person  shall  have  in  his  possession, 
or  receive  from  any  other  person,  any  counterfeited  gold 
or  silver  coins,  of  the  species  now  current,  or  hereafter 
to  be  current,  in  this  state,  with  an  intention  to  utter  or 
pass  the  same,  or  to  permit,  cause  or  procure  the  same  to 
be  uttered  or  passed,  with  an  intention  to  defraud  any 
person  or  body  politic  or  corporate,  knowing  the  same  to 
be  counterfeited  ;  every  such  person,  so  offending,  being 
thereof  duly  convicted,  shall  suffer  imprisonment,  in  new- 
gate  prison,  for  a  term  not  exceeding  three  years. 

SECT.  33.  If  any  person  shall  sell,  or  exchange,  or  give 
in  payment,  or  offer  to  sell,  or  exchange,  or  give  in  pay- 
ment, any  forged  or  counterfeited  bill  of  exchange,  promis- 
sory note,  bank  biU  or  bank  check,  with  intention  to  havo 


Title  20.     Crimes  and  Punishments.  101 

the  same  uttered  or  passed,  to  defraud  any  person  or  body 
politic  or  corporate;  every  such  person,  so  offending, 
being  thereof  duly  convicted,  shall  suffer  imprisonment, 
innewgatc  prison,  fora  term  not  exceeding  three  years. 

SECT.  34.  If  any  person  shall  make  or  engrave,   or  Making  plates 
cause  or  procure  to  be  made  or  engraved,  any  plate  for  for  Counterfeit- 
forging  or  counterfeiting  any  promissory  note,  or  bill,  for 
the  payment  of  money,  in  the  name  of  any  person  or 
persons,  or  body  politic,  or  corporate ;  every  such  per- 
son,  so  offending,  being  thereof  duly  convicted,   shall 
suffer  imprisonment,  in  ne\vgate  prison,   for  a  term  not 
exceeding  three  years. 

SECT.  35.  If  any  person  shall  have  in  his  possession,  Possessing, 

or  receive  from  any  other  person,  any  forged  or  counter-  Wl*  Intent  ** 
...  J  ,*.„    f      .-,  r  pass,  counter- 

feited promissory  note  or  bill,  lor  the  payment  of  money,  feited  bills. 

with  intention  to  utter  or  pass  the  same,  or  to  permit, 
cause  or  procure  the  tame  to  be  uttered  or  passed,  with 
intention  to  defraud  any  person,  or  body  politic  or  corpo- 
rate, knowing  the  same  to  be  forged  or  counterfeited ; 
every  such  person,  so  offending,  being  thereof  duly  con- 
victed, shall  suffer  imprisonment,  in  newgate  prison,  for 
a  term  not  exceeding  three  years. 

SECT.  36.  If  any  person  shall  have,   or  keep  in  his  Possessing 

custody  or  possession,  any  blank,  or  unfinished  note  or  Wank  bills, 
,•11  j     •     ,i      c  •     -i-j.    j        c  •  with  ntentto 

bill,  made  in  the  form  or  similitude  of  any  promissory  ^u  up  and  p^ 

note  or  bill,  for  the  payment  of  money,  made  to  be  issued  the  same 
by  any  incorporated  bank  or  company  in  this  state,  or  in  fraudulently, 
the  United  States,  with  an  intention  to  fill  up  and  com- 
plete such  blank  and  unfinished  note  or  bill,  or  to  permit, 
cause  or  procure  the  same  to  be  filled  up  and  completed, 
in  order  to  utter  and  pass  the  same,  or  to  permit,  cause 
or  procure  the  same  to  be  uttered  or  passed,  to  defraud 
any  person  or  body  politic  or  corporate  ;  such  person  in 
whose  custody  or  possession  any  such  blank  or  unfinished 
note  or  bill  shall  be  found,  being  thereof  duly  convicted, 
shall  suffer  imprisonment,  in  newgate  prison,  for  a  term 
not  exceeding  three  years. 

SECT.  37.  If  any  person  shall  have,   or  keep  in  his  Possessing 
custody  or  possession,  any  plate  for  forging  or  counter-  fngbanlT 
feiting  any  promissory  note,  or  bill,  for  the  payment  of  bills, 
money,  in  the  form  or  similitude  of  any  promissory  note, 
or  bill,  issued  by  any  incorporated  bank,  or  company  in 
this  state,  or  in  the  United  States,  with  intention  to  forge 
or  counterfeit,  or  !.o  permit,  cause,  or  procure  to  be  forg- 
ed or  counterfeited,  any  promissory  note,  or  bill,  issued 
by  any  incorporated  bank  or  company,  as  aforesaid  :  such 
person,  in  whose  custody  or  possession  such  plate  shall  be 
found,  being  thereof  duly  convicted,  shall  suffer  impris- 


102 


Horse-stealing. 


{Stealing  from 
the  person  at  a 
fire. 


Steaiingfrom 
*be  pers»n. 


Breaking  and 
stealing  from 
a  building  in 
*he  day  time. 


Title  20.    Crimes  and  Pimishments. 

onment,  in  newgate  prison,  for  a  term  not  exceeding 
three  years. 

SECT.  38.  Every  person  who  shall  steal  any  horse  or 
horses,  in  this  state,  and  be  thereof  duly  convicted,  be- 
fore the  superior  or  county  courtj  shall  suffer  imprison- 
ment, in  newgate  prison,  for  a  term  not  exceeding  two 
years,  and  shall  also  pay  to  the  owner  of  such  horse  or 
horses,  treble  the  value  thereof,  to  be  recovered  by  infor- 
mation, or  action,  founded  on  this  statute. 

SECT.  39.  If  any  person  shall  steal  from  the  person  of 
another,  any  money,  goods,  or  chattels,  or  any  bill  or 
bills,  issued  by  any  incorporated  bank  in  this  state,  or  in 
the  United  States  ;  or  any  deed,  lease,  indenture,  bond, 
writing  obligatory,  bill  of  exchange,  promissory  note,  war-- 
rant, or  order  for  the  payment  of  money,  or  delivery  of 
goods,  receipt  or  discharge,  or  any  book  account,  or  oth^ 
er  writing,  being  evidence  of  debt,  adjustment,  or  settle- 
ment, whatever,  at  an  assembly  of  people,  collected  for 
the  purpose  of  extinguishing  a  fire  :  every  such  person, 
so  offending,  being  thereof  duly  convicted,  before  the  su- 
perior or  county  court,  shall  suffer  imprisonment,  in  new- 
gate  prison,  for  a  term  not  exceeding  five  years. 

SECT.  40.  If  any  person  shall  steal  from  the  person  of 
another,  any  money,  goods,  or  chattels,  or  any  bill  or 
bills,  issued  by  any  incorporated  bank  in  this  state,  or  in 
the  United  States  ;  or  any  deed,  lease,  indenture,  bond, 
writing  obligatory,  bill  of  exchange,  promissory  note, 
warrant,  or  order  for  the  payment  of  money,  or  delivery 
of  goods,  receipt  or  discharge,  or  any  book  account,  or 
other  writing,  being  evidence  of  debt,  adjustment  or  set- 
tlement, whatever,  to  the  amount  or  value  of  twenty  dol- 
lars ;  every  such  person,  so  offending,  being  thereof  duly 
convicted  before  the  superior  or  county  court,  shall  suf- 
fer imprisonment,  in  newgate  prison,  for  a  term  not  ex- 
ceeding two  years. 

SECT.  41.  If  any  person  shall,  unlawfully,  break  and' 
enter  any  building  or  vessel,  in  the  day  time,  and 
therein  steal  any  money,  goods,  or  chattels,  or  any  bill  or 
bills,  issued  by  any  incorporated  bank  in  this  state,  or  in 
the  United  States,  or  any  deed,  lease,  indenture,  bond,, 
writing  obligatory,  bill  of  exchange,  promissory  note, 
warrant,  or  order  for  the  payment  of  money,  or  delivery 
of  goods ;  or  any  book  account,  or  other  writing,  being 
evidence  of  debt,  adjustment  or  settlement,  whatever,  of 
the  amount  or  value  of  one  dollar  ;  every  such  person,  so 
offending,  being  thereof  duly  convicted  before  the  supe- 
rior or  county  court,  shall  suffer  imprisonment,  in  new- 
gate  prison,  for  a  term  not  exceeding  two  years. 


Title  20.     Crimes  and  Punishments.  103 

SECT.  42.  If  any  person  shall  steal  any  money,  goods,  Simple  theft 
or  chattels,  or  any  bill  or  bills,  issued  by  any  incorporated 
bank  in  this  state,  or  in  the  United  States  ;  or  any  deed, 
lease,  indenture,  bond,  writing  obligatory,  bill  of  ex- 
change, promissory  note,  warrant  or  order,  for  the  pay- 
ment of  money  or  delivery  of  goods,  receipt  or  discharge, 
or  any  book  account,  or  other  writing,  being  evidence  of 
debt,  adjustment,  or  settlement,  whatever  ;    every  such 
person,  so  offending,  being  thereof  duly  convicted,  before 
the  county  court,  if  the  value  of  the  property,  so  stolen, 
amount  to  thirty  dollars,  otherwise  before  a  justice  of  the 
peace,  shall  forfeit  and  pay  treble  the  value  of  the  pro- 
perty so  stolen,  to  the  owner  or  owners  thereof;  and  be 
further  punished  by  fine,  not  exceeding  seven  dollars  ; 
and  if  the  value  of  the  property  so  stolen,  amount  to  the 
sum  of  four  dollars,  such  offender  shall  be  further  pun- 
ished, by  whipping,  not  exceeding  ten  stripes  for  one  of- 
fence ;  and  if  the  property  so  stolen,  be  of  less  value 
than  said  sum  of  four  dollars,  but  of  the  value  of  one  dol- 
lar, and  such  offender  shall  refuse,  or  neglect  to  pay  the 
line  imposed,  he  shall  be  punished  by  whipping  as  afore- 
said.    But  if  any  female  shall  be  convicted  of  the  crime  Females  con- 
of  theft,  instead  of  being  punished  by  whipping,  she  shall  Dieted  of  theft. 
be  sentenced  to  confinement  in  a  work-house  or  gaol  to  hard  labour 
within  the  county,  there  to  be  kept  to  labour  under  the  in  a  work- 
direction  of  the  keeper  thereof,  for  such  period  of  time  as  nouse  or  gad 
the  court  shall  order,  before  whom  the  conviction  is  had : 
Provided,  That  if  such  conviction  shall  be  before  a  coun-  Limitation, 
ty  court,  the  term  of  imprisonment  shall  not  exceed  six 
months  ;  and  if  before  a  justice  of  the  peace,  shall  not 
exceed  three  months. 

SECT.  43.  If  any  person  shall  receive  and  conceal  any  Receiving  tnd 

stolen  goods,  articles  or  things,  knowing  them  to  be-such,  COIJceaIi"g 

j    u   Hi  •  •      •  i     stolen  goods, 

he  may  and  shall  be  proceeded  against  as  a  principal,  al- 
though the  person  or  persons  who  committed  the  theft  be 
not  thereof  convicted  ;  any  law,  usage,  or  custom,  to  the 
contrary  notwithstanding. 

SECT.  44.  And  be  it  further  enacted,  That  every  per-  Crimes  against 
son  who  shall  commit  perjury,  and  shall  be  thereof  duly  PDBLIC  *va- 
convicted,  before  the  superior  or  county  court,  shall  for- 
feit  and  pay  the  sum  of  sixty-seven  dollars,  one  half  to 
the  person  or  persons  aggrieved  by  such  offence,  who 
shall  eue  for  and  prosecute  the  same  to  effect,  and  the 
other  half  to  the  use  of  this  state  ;  and  shall  suffer  im- 
prisonment, in  newgate  prison,  for  the  term  of  six  months ; 
and  shall  be,  forever  after  such  conviction,  discredited, 
and  disabled  to  be  sworn  in  any  court  of  record. 

SECT.  45.  Every  person  who  shall  be  guilty  of  subor-  Subornation 
nation  of  perjury,  and  shall  be  thereof  duly  convicted,  be- 


104 


.Bribery. 


Embezzling, 
altering,  &.c. 
any  record, 
will,  deed,  Sic. 


-Counteifeiling 
public  seals. 


Effecting  es- 
cape of  prison- 
ers in  newgate 


Resistance  to 
officer? 


Title  20.     Crimes  and  Punishment*. 

fore  the  superior  or  county  court,  shall  be  subject  to  the 
same  forfeiture,  and  sniffer  the  same  imprisonment  and 
disability,  and  be  proceeded  against  in  the  same  manner, 
as  for  the  crime  of  perjury. 

SECT.  46.  If  any  judge,  or  other  person  concerned  in 
the  administration  of  justice,  shall  take  any  illegal  fee, 
gift,  or  undue  reward,  to  influence  his  behavior  in  his 
office  ;  or  if  any  person  shall  give  or  offer  any  money,  or 
other  thing  of  value,  to  any  judge,  or  other  person  con- 
cerned in  the  administration  of  justice,  with  an  intention 
to  influence  his  behavior  in  his  office  ;  every  such  judge. 
or  person,  so  offending,  shall  be  deemed  guilty  of  bribe- 
ry, and  being  thereof  duly  convicted,  shall  forfeit  arid  pay 
a  fine  not  exceeding  the  sum  of  one  thousand  dollars, 
and  shall  suffer  imprisonment,  in  a  common  gaol,  not  ex- 
ceeding two  years,  and  shall  be,  forever  after  such  con- 
viction, incapable  of  holding  any  office  of  trust  or  profit. 

SECT.  47.  Every  person  who  shall  wilfully  and  cor- 
rnptly  embezzle,  take  away,  withdraw,  impair,  raze,  al- 
ter or  destroy  any  record,  or  parcel  of  the  same,  will, 
testament,  codicil,  deed,  writ,  return,  process,  or  other 
proceeding  in  any  court  of  record,  or  in  the  office  of 
the  secretary  of  this  state,  or  in  the  office  of  the  clerk 
of  any  county,  town,  city,  borough,  or  other  incorpo- 
rated society  or  community  in  this  state,  with  an  inten- 
tion thereby  to  defeat,  injure,  or  prejudice  the  estate, 
right,  or  title  of  any  person,  or  body  politic,  or  corporate, 
and  shall  be  thereof  duly  convicted,  shall  suffer  imprison- 
ment, in  newgate  prison,  for  a  term  not  exceeding  seven 
years. 

SECT.  48.  Every  person  who  shall  counterfeit  the  seal 
of  this  state,  or  the  seal  of  any  court,  or  public  officer,  by 
law  entitled  to  have  and  use  a  seal,  and  shall  make  use  of 
the  same  ;  or  shall  unlawfully  and  corruptly,  or  with  evil 
intent,  affix  any  of  the  said  true  seals  to  any  commission, 
deed  or  warrant,  certificate,  or  other  writing ;  orwho  shall 
have  in  his  possession  or  custody,  any  such  counterfeited 
seal,  and  shall  wilfully  conceal  the  same,  knowing  it  to  be 
falsely  made  and  counterfeited  ;  and  shall  be  thereof  duly 
convicted,  shall  sufler  imprisonment,  in  newgate  prison, 
for  a  term  not  exceeding  seven  years. 

SECT.  49.  Every  person  who  shall  effect  the  escape  of 
any  prisoner,  confined  in  newgate  prison,  or  attempt  the 
same,  or  shall  give  any  hetp  or  assistance  therein,  and 
shall  be  thereof  duly  convicted,  shall  suffer  imprisonment, 
in  newgate  prison,  for  a  term  not  exceeding  six  years. 

SECT.  50.  If  any  person  shall  abuse  any  justice  of  the 
peace,  or  resist,  or  abuse  any  sheriff,  constable,  or  other 
officer,  in  the  execution  of  his  office  ;  such  person  shall 


Title  20.     Crimes  and  Punishments.  105 

ilnd  sureties  for  the  peace  and  good  behavior,  until  the 
next  county  court  in  that  county  ;  or,  on  refusal,  may  be 
committed  to  the  common  gaol,  there  to  remain  until  the 
next  county  court,  which  court  shall  take  cognizance  of 
the  offence  ;  and  such  offender,  being  thereof  duly  con- 
victed, shall  be  punished,  by  a  fine,  not  exceeding  thirty- 
four  dollars,  or  by  imprisonment,  in  a  common  gaol,  not 
exceeding  two  months,-orby  such  fine  and  imprisonment 
both,  at  the  discretion  of  said  court. 

SECT.  51.  If  any  person  shall  be  a  common  barrator,  Barratry. 
and  be  thereof  duly  convicted,  before  the  county  court,  he 
shall  pay  a  fine  of  seventeen  dollars,  and  become  bound, 
with  one  surety,  for  his  good  behavior,  for  a  term  not  less 
than  one  year. 

SECT.   52.  And  be  it  further  enacted.  That  if  any  per-  ,9rimes 

c  j.  the   PD 

son  shall  challenge  the  person  of  another,  or  shall  accept  PEACE. 

any  such  challenge,  to  fight  at  sword,  pistol,  rapier,  or  challenge  to  e 
other  dangerous  weapons,  such  person,  so  challenging  or  duel, 
accepting,  being  thereof  duly  convicted,  shall  forfeit  and 
pay,  for  every  such  offence,  the  sum  of  three  thousand 
dollars,  and  shall,  also,  find  sufficient  sureties,  to  the  ac- 
ceptance of  the  court  having  cognizance  of  the  offence, 
for  his  good  behavior,  during  life ;  and  such  person  shall, 
forever  after  such  conviction,  be  disabled  from  holding 
any  office  of  profit  or  honor,  under  this  state;  and  if  such 
convict  shall  be  unable,  or  neglect  to  pay  said  forfeiture, 
he  shall  be  imprisoned,  in  a  common  gaol,  for  the  term 
of  one  year. 

SECT.  53.  If  any  person  shall  williHgly,  or  knowingly,  Delivering 
carry,  or  deliver  any  written  challenge,  or  verbally  deliv-  cllallenge- 
erany  message,  meant  as,  orpurportingtobe,  a  challenge, 
er  shall  be  present  at  the  fighting  of  any  duel  as  aforesaid, 
as  a  second  or  aid,  or  give  countenance  thereto;  such 
person,  so  offending,  being  thereof  duly  convicted,  shall, 
be  subject  to  the  same  forfeitures,  and  suffer  the  same 
punishment  and  disability,  as  for  sending  or  accepting  a 
challenge  as  aforesaid,  saving  only  finding  sureties  for 
good  behaviour  during  life,  as  before  provided. 

SECT.  54.  If  any  three,  or  more  persons  shall  come,  or  Riot 
assemble  themselves  together,  with  intention  to  do  any 
unlawful  act,  with  force  or  violence,  against  the  peace, 
»r  to  the  manifest  terror  of  the  people,  and  being  requir- 
ed or  commanded,  by  any  of  the  civil  authority,  or  by  any 
sheriff,  or  deputy-sheriff,  or  by  any  one  or  more  of  the 
select-men,  or  constables  of  any  town,  wherein  such  as- 
sembly shall  be,  by  proclamation  made  in  the  name  of 
the  state,  in  the  form  prescribed  by  law,  shall  not  dis- 
perse themselves,  and  peaceably  depart  to  their  habita- 
tions, or  to  their  lawful  business  \  or,  having  so  assembled 

16 


Title  20.     Crimes  and  Punishments, 

as  aforesaid,  shall  do  any  unlawful  act  against  any  man;<> 
person,  possession,  or  property,  or  against  the  public  in- 
terest, in  any  particular,  in  manner  as  aforesaid  ;  every 
.such  person,  so  offending,  being  thereof  duly  convictedT 
before  the  superior  or  county  court,  shall  be  punished  by 
•a  fine  not  exceeding  the  sum  of  sixty-seven  dollars,  or  by 
imprisonment,  in  a  common  gaol,  not  exceeding  six 
months,  or  by  such  fine  and  imprisonment  both,  at  the 
discretion  of  the  court  having  cognizance  of  the  offence. 
Obstructing  SECT.  55.  If  any  person  or  persons  shall,  with  force 

proclamation  an(|  arrng5  wilfully  and  knowingly,  oppose,  obstruct,  or  in 
against  not.  ^  manner  jetj  hinder,  or  hurt  any  pcrson-or  persons, 
who  shall  go,  attempt,  or  begin  to  make  proclamation 
against  riot,  in  manner  and  form  prescribed  by  law ;  every 
such  person  so  offending,  being  thereof  duly  convicted, 
before  the  superior  or  county  court,  shall  be  punished  by 
a  fine  not  exceeding  the  sum  of  sixty-seven  dollars,  or  by 
imprisonment  in  a  common  gaol,  not  exceeding  six 
months,  or  by  such  fine  and  imprisonment  both,  at  the 
discretion  of  the  court  having  cognizance  of  the  offence. 
Continuing  to-  SECT.  56.  If  any  persons,  so  being  unlawfully  and  ri- 
gether  after  otously  assembled,  to  the  number  of  three  or  more,  to 
:proclamation.  whom  proclamation  should,  or  ought  to  have  been  madey 
if  the  same  had  not  been  hindercd.as  aforesaid,  shall  con- 
tinue together,  and  not  immediately  disperse  themselves, 
after  such  let  or  hindrance  so  made,  having  knowledge 
thereof;  every  such  person  so  offending,  being  thereof 
duly  convicted,  before  the  superior  or  county  court,  shall 
be  punished  by  a  fine  notexceedingthesum  of  sixty-seven 
dollars,  or  by  imprisonment,  in  a  common  gaol,  not  ex- 
ceeding six  mouths,  or  by  such  fine  and  imprisonment 
both  at  the  discretion  of  the  court  having  cognizance  of 
the  offence. 

Destroying  SECT.  57.  If  any  person  or  persons,  in  the  night  season, 

turnpike  prop-  or  in  a  riotous  and  tumultuous  manner,  or.  being  armed 
erty   in  ti...      and  djsgiu'sea  in  their  persons,  dress  or  appearance,  shall 
wVofoully"'     break,  destroy,  pull  down,  remove,  or  in  any  way  or  man- 
ner, injure  any  gate,  toll-house,  or  fence,  erected  across 
any  highway,  to  prevent  the  passing  by  any  gate  belong- 
ing to  any  turnpike  company  in  this  state,  or  to  any  com- 
pany incorporated  for  supporting  any  toll-bridge  in  ,his 
stale  ;  every  such  person,  so  ol'euding,  being  thereof  du- 
ly convicted,  before  the  super.or  or  county  court,  sjjall 
pay  a  fine  not  exceeding  one  hundred  dollars,  and 
imprisonment,  in  a  common  gaol,  for  a  term  not  exceed- 
ing six  mouths. 
Breaking  win-       stcT.  58.  If  any  person  or  persons  shall,  in  the  night 

d°ws,Lc.inthe  season,  ru.tiiciously  and  wilfully  break  a<:y  window,  or 
mfabt  season.  *  ,  •         J    j       .1        £  A-^- 

windows,  door  or  doors,  in  any  dwelling-house  in  w> 


Title  20.     Crimes  and  Punishments.  107 

state,  in  which  any  family  or  families  dwell  or  reside  ;  ev- 
ery such  person,  being  thereof  duly  convicted,  shall  be 
punished  by  a  fine,  not  exceeding  one  hundred  dollars,  or 
by  imprisonment,  in  a  common  gaol,  not  exceeding  six 
month?,  or  by  such  line  and  imprisonment  both,  at  the 
discretion  of  the  court  having  cognizance  of  the  offence. 

SECT.  59.  If  any  person   or  persons  shall  disturb  or  Breach  of 
break  the  peace,  by  tumultuous  and  offensive  carriage,  Peace- 
Ihreatening,  traducing,  quarrelling,  challenging,  assault- 
ing, beating,  or  striking  any  other  person  ;  every  such 
person,  so  olFending.  being  thereof  duly  convicted,  before 
the  county  court,  or  a  justice  of  the  peace,  shallpay  such 
fine,  not  exceeding  one  hundred  dollars,  us,  on  conside- 
ration of  the  party  olFending,  the  party   a^rieved,  the 
instrument  used,  the  degree  of  danger,  the  time,  place, 
and  prov  ocation,  shall  he  judged  just  and  reasonable,  or 
i  suffer  imprisonment,  in  a  common  gaol,  not  exceed- 
ing six  months,  or   ehall  pay  such  fine,  and  suffer  such 
imprisonment  both,  at  the  discretion  of  the  court  having 
cognizance  of  the  offence  :  Provided,  that  no  justice  of  Limitation  of 
the  peace  shall,  for  any  such   oflence,  inflict  a  greater  ^1-^°"  thl 
punishment  than   a  fine  of  seven  dollars,  and  imprison-  peace, 
ment  for  one  month  ;  but  if  such  offence,  in  the  opinion 
of  said  justice,  be  of  so  aggravated  a  nature,  as  to  require 
a  greater  punishment,  the  offender  shall  be  bound  over 
to  the  next  county  court,  to  answer  for  such  offence. 

4SECT.  60.  And  be  it  further  enacted,  That  every  per-  Crimes  against 
son  who  shall  have  carnal  knowledge  of  any  man,  against  CIIASTm- 
the  order  of  nature,  being  thereof  duly  convicted,  shall  Sodomy, 
suffer  imprisonment,  in  newgate   prison,  during  his  natu- 
ral life  ;  except  that  it  shall  appear,  that  one  of  the  par- 
ties was  forced,  or  under  fifteen  years  of  age  ;  in  which 
case  the  party  forced,  or  under  the  age  aforesaid,  shall 
not  be  liable  to  suffer  the  said  punishment. 

SECT.  61.  Every  man  or  woman,  who  shall  have  ear-  Beastiality, 
nal  copulation  with  any  beast,  and  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment,  in  newgate  prison, 
during  his  or  her  natural  life. 

SECT.  62.  If  any  man  shall  commit  adultery  with  a  Adultery, 
married  woman,  each  of  them,  being  thereof  duly  con- 
victed, shall  be  punished  by  imprisonment,  the  man  in 
newgate  prison,  and  the  woman  in  a  common  gaol,  fora 
term  not  exceeding  five  years,  nor  less  than  two  years. 
(2.) 

(2)  The  punishment  of  this  crime  was,  whipped,  by  a  justice  of  the  peacfe.    A 

atfirst,whipping,braiidingon  the  forehead  punishment  fixing  such  a  mark  of  infamy 

with  the  letter  A,  and    wearing   a  halter  on  the  person  of  the  offender,  which  could 

about  the  neck,  during  tlieir  residence  in  not  be  effated  tiy.  reformation,  was  prop- 

the  state  ;  and  if  found  without  such  hal-  erly  exchanged  for  imprisonment  in^new- 

ter,  they  were  liable  to  be  ordered  to  be  gat'e 


108 


Title  20.     Crimes  and  Punishments. 


Incest.  SECT.  63.  No  man  shall  marry  any  woman  within  the 

following  degrees  of  kindred;  that  is  to  say,  no  man  shall 
marry  his  grand-father's  wife,  wife's  grand-mother,  fa- 
ther's sister,  mother's  sister,  father's  brother's  wife,  moth- 
er's brother's  wife,  wife's  father's  sister,  wife's  mother's 
sister,  father's  wife,  wife's  mother,  daughter,  wife's  daugh- 
ter, son's  wife,  sister,  son's  daughter,  daughter's  daughter, 
aon's  son's  wife,  daughter's  son's  wife,  wife's  son's  daugh- 
ter, wife's  daughter's  daughter,  brother's  daughter,  sis- 
ter's daughter,  brother's  son's  wife,  sister's  son's  wife. 
And  every  man  and  woman  wh$>  shall  marry,  or  carnally 
know  each  other,  being  within  any  of  the  degrees  of  kin- 
dred aforesaid,  and  shall  be  thereof  duly  convicted,  shall 
be  punished  by  imprisonment,  the  man  in  newgate  pris- 
on, and  the  woman  in  a  common  gaol,  for  a  term  not  ex^ 
ceeding  five  years,  nor  less  than  two  years.  And  every 
marriage,  within  any  of  the  degrees  of  kindred  afor  esaid, 
shall  be,  and  is  hereby  declared  to  be.  to  all  intents  and 
purposes,  null  and  void. 

Bigamy.  SECT.  64.  If  any  married  person,  his  or  her  lawful  wife 

or  husband  being  alive,  shall  marry  any  other  person  ;  or 
if  any  single  person  shall  marry  any  married  person,  his 
or  her  lawful  wife  or  husband  being  alive  ;  or  if  any  per- 
sons, so  unlawfully  married,  shall  continue  to  live  togeth- 
er, as  husband  and  wife  ;  every  person,  knowingly  of- 
fending, in  either  of  the  cases  aforesaid,  shall  sufier  the 
same  punishment  as  is  provided  by  law,  for  the  crime  of 
adultery  ;  and  such  unlawful  marriage  shall  be,  and  is 
hereby  declared  to  be,  to  all  intents  and  purposes,  null 
and  void. 

Fornication.  SECT.  65.  If  any  man  shall  commit  fornication  with 
any  single  woman,  each  of  them,  being  thereof  duly  con- 
victed, before  the  county  court,  or  a  justice  of  the  peace, 
shall  pay  a  fine  of  seven  dollars,  or  suffer  imprisonment, 
in  a  common  gaol,  for  the  term  of  one  month,  at  the  dis- 
cretion of  the  court  having  cognizance  of  the  offence. 

Lascivious  car-      SECT.  66.  Every  person  who  shall  be  guilty  of  lasciv- 

riage.  jOus  carriage  and  behavior,  and  shall  be  thereof  duly  con- 

victed,  before  the  county  court,  or  a  justice  of  the  peace, 
shall  be  punished  by  fine,  not  exceeding  ten  dollars,  or 
by  imprisonment  in  a  common  gaol,  not  exceeding  two 
months,  or  by  such  fine  and  imprisonment  both,  at  the 
discretion  of  the  court  having  cognizance  of  the  of- 
fence.(3) 


(3)  This  law  originated  from  the  pecu- 
liar sentiments  (if  the  first  settlers  respect- 
ing the  intercourse  of  the  sexes,  and  was 
Occasioned  by  a  prosecution  for  this  of- 
fence before  the  particular  court  (as  it  was 


called)  in  1642.  The  act  was  passed  in 
December,  1642,  and  appears  in  the  revi- 
sion of  1672,  and  has  ever  since  been  con- 
tinued. Though  the  definition  of  this 
crime  is  expressed  in  terms  so  general  as 


Title  20.     Crimes  and  Punishments.  109 

SECT.  67.  And  be  it  further  enacted.  That  every  per-  Crimes  against 
son  who  shall  be  guilty  of  blasphemy  against  God.  or  either  "°^™Y  AND 
of  the  persons  of  the  Holy  Trinity,  or  the  Christian  reli- 
gion, or  the  holy  scriptures,  and  shall  be  thereof  duly  con-  BlasPheroy- 
victed,  before  the  superior  court,  shall  be  punished,  by  a 
fine   not  exceeding  one  hundred  dollars,  and  by  impris- 
onment, in  a  common  gaol,  for  a  term  not  exceeding  one 
year,  and   may  also  be  bound  to  his  good  behavior,  at 
the  discretion  of  the  court  having  cognizance  of  the  of- 
fence. 

SECT.  GS.  If  any  person  shall  swear  rashly,  vainly,  or  Profane  swear- 
profanely,  either  by  the  holy  name  of  God,  or  any  other  ing 
oath  ;  or  shall  sinfully  and  wickedly  curse  any  person  or 
persons ;  such  person,  so  offending,  being  thereof  duly 
convicted,  shall  forfeit  and  pay,  for  every  such  offence, 
the  sum  of  one  dollar. 

SECT.  69.    If  any  person  shall  print,  import,  publish,  Distributing 
sell,  or  distribute,  any  book,  pamphlet,  ballad,  or  other  £bcsce         )ks» 
printed  paper,  containing  obscene  language,  prints,  or 
descriptions  ;  such  person,  being  thereof  duly  convicted, 
before  the  county  court,  shall  forfeit  and  pay,  for  every 
such  offence,  a  sum  not  exceeding  fifty  dollars. 

SECT.  70.  If  any  person  shall  purchase,  or  introduce  Purchasing,  or 
into  any  family,  college,  academy,  or  school,  any  such  lo^anv^amilv 
book,  pamphlet,  ballad,  or  printed  paper  ;  such  person,  &c.  obscene 
being  thereof  duly  convicted,  shall  forfeit  and  pay,  for  books,  &c, 
every  such  offence,  a  sum  not  exceeding  seven  dollars. 

SECT.  71.  If  any  person  shall  be  found  drunken,  so  Drunkenness, 
that  he  be  thereby  bereaved  and  disabled  in  the  use  of 
his  reason  and  understanding  ;  such  person,  being  thereof 
duly  convicted,  shall  forfeit  and  pay,  for  every  such  of- 
fence, the  sum  of  two  dollars. 

SECT.  72.  Be  it  further  enacted,    That  if  any  person,  Crimes  against 
number  of  persons,  or  corporation  in  this  state,  without  Pl 

special  authority  from  the  legislature,  shall  emit  and  ut-  Emitting  bills 

i-'ii     f        j-j.  to  be  used  as  a 

ter  any  bill  01  credit,  or  make,  sign,  draw  or  endorse  any  currency. 

bond,  promissory  writing  or  note,  bill  of  exchange,  or  or- 
der, to  be  used  as  a  general  currency  or  medium  of 
trade,  as  and  in  lieu  of  money  ;  such  person  or  persons, 
or  members  of  such  corporation  assenting  to  such  pro- 
ceeding, and  every  of  them,  being  thereof  duly  con- 
victed, before  the  superior  court,  shall  pay  a  fine  not  ex- 
ceeding six  hundred  dollars,  and  be  imprisoned,  in  a  com- 

to  give  to  courts  an  unbounded  latitude  of  struction  was,  that  the   statute  compre- 

discretion,  hardly   compatible    with  civil  bended  all    those  wanton   acts  between 

liberty ;  yet  as  a  construction  has  been  giv-  persons  of  different  sexes,  flowing  from 

.en  by  the  supreme  court  of  errors,  which  the  exercise  of  lustful  passions,  and  which 

will  comprehend  only  offences  that  ought  are  not  otherwise  punished  as  crimes  a- 

to  be  restrained  and  punished,  it  has  been  gainst  chastity  and  public  decency.    Fw~ 

thought  advisable  to  retain  it.    The  con-  Itr  v.  State,  5  Day,  81. 


110 


Title  20.     Crimes  and  Punishments, 


Passing  such 
bills,  8tc. 


Unauthorized 
lotteries. 


mon  gaol,  for  a  term  not  exceeding  two  years,  at  the  dis- 
cretion of  the  court  having  cognizance  of  the  offence. 

SECT.  73.  If  any  person  or  persons,  or  corporation, 
shall  vend,  utter  or  pass  any  bill  of  credit,  bond,  promis- 
sory writing  or  note,  bill  of  exchange,  or  order,  made, 
signed,  drawn  or  endorsed  as  aforesaid,  either  in  this  or 
the  neighboring  states,  to  be  used  as  aforesaid,  except 
bills  or  notes  issued  by  the  incorporated  banks  in  the  said 
states;  such  person,  persons  or  corporation,  so  offending, 
being  thereof  duly  convicted,  before  the  county  court,  or 
a  justice  of  the  peace,  shall  forfeit  and  pay  treble  the 
sum  or  value  expressed  in  such  bond,  note,  bill  or  other 
currency,  the  one  half  to  him  or  them  who  shall  prose- 
cute the  same  to  effect,  and  the  other  half  to  the  treasu- 
ry of  the  town,  when  the  triai  shall  be  had  before  a  justice 
of  the  peace,  and  to  the  county  treasury,  when  it  shall  be 
before  the  county  court. 

SECT.  74.  If  any  person  or  persons,  without  special 
liberty  from  the  general  assembly,  shall  setup  any  lottery, 
to  raise  and  collect  money,  or  for  the  sale  of  any  pro- 
perty ;  or  if  any  person  shall,  by  wagers,  shooting,  or  any 
kind  of  hazard,  sell  and  dispose  of  any  kind  of  property, 
or  set  up  notifications  to  induce  people  to  bring  in,  and 
deposit  property  to  be  disposed  of  in  such  manner,  or  to 
risk  their  money  or  credit  in  carrying  on  such  designs  ; 
every  such  person,  so  offending,  being  thereof  duly  con- 
victed, before  the  county  court,  shall  forfeit  the  amount 
of  the  money  proposed  to  be  raised  by  such  lottery,  and 
the  value  of  the  property  so  exposed,  or  proposed  to  be 
exposed,  to  sale,  or  drawn  for,  the  one  haif  to  him  or 
them  who  shall  prosecute  the  same  to  eliect,  and  the  oth- 
er half  to  the  county  treasury. 

SECT.  75.  If  any  person  or  persons  shall,  within  this 
state,  buy,  purchase,  sell  or  otherwise  dispose  of  any  lot- 
tery tickets,  issued  from  or  under  the  authority  of  any 
other  state  whatever ;  such  person  or  persons,  so  offend- 
ing, being  thereof  duly  convicted,  shall  forfeit  and  pay 
the  sum  of  seven  dollars,  for  every  such  ticket,  so  bought, 
sold  or  otherwise  disposed  of,  the  one  half  to  him  or  them 
who  shall  prosecute  the  same  to  effect,  and  the  other 
half  to  the  treasury  of  the  town  ;  and  no  appeal  shall  be 
allowed  from  any  judgment  upon  any  suit  or  prosecution 
for  said  penalty. 

SECT.  76.  If  any  person  or  persons  shall,  within  this 
fice  for  thesale  state,  sell  or  open,  or  keep  any  office,  shop  or  store,  for 
s-  the  purpose  of  selling  or  procuring  any  lottery  ticket  or 
tickets,  except  such  as  are  or  shall  be  issued,  or  permitted 
to  be  sold,  by  authority   of  the  general  assembly  of  this 
state  ;  or  if  any  person  or  persons  shall  act  as  a  broker. 


Selling  lottery 
tickets  of  other 
state*. 


Keeping  an  of- 


Title  20.     Crimes  and  Punishments.  Ill 

factor  or  agent  in  buying,  selling,  or  procuring  to  be 
bought  or  sold,  any  such  ticket  or  tickets,  or  any  part, 
portion  or  interest  therein,  or  in  effecting  any  contract 
in  regard  thereto  ;  or  shall  set  up,  exhibit  or  publish,  or 
cause  to  be  set  up,  exhibited  or  published,  within  this 
state,  any  written  or  printed  offer  or  proposal,  to  buy, 
sell,  or  procure  any  such  ticket  or  tickets,  or  any  part, 
portion  or  interest  therein  ;  or  any  proposal  or  offer  to 
effect  any  contract  in  regard  thereto  ;  such  person  or 
persons,  so  offending,  being  thereof  duly  convicted,  be- 
fore the  county  court,  shall,  for  each  offence,  forfeit  and 
pay  a  fine  of  fifty  dollars. 

SECT.  77.  If  any  person  shall  bet  or  wager  upon  any  Betting  upo» 
horse-race,  or  be  concerned  in  making  up  any  purse  for  ^orse-race. 
any  such  race,  and  shall   be  thereof  duly  convicted,  be- 
fore the  county  court,  he  shall  forfeit  and  pay  the  sum  of 
fifty  dollars. 

SECT.  78.  If  any  person  shall  be  a  stake-holder  of  any  Being  stake-- 
sum of  money,  or  of  any  other  thing,  betted,  staked  or  nolder>kc. 
wagered  upon  any  horse-race  ;  or  shall  print,  or  cause  to 
be  printed,  any  paper  notifying  or  advertising  any  horse- 
race ;  or  shall  be  the  rider  of  any  horse,  or  horse  kind, 
in  any  race,  on  which  any  bet  or  wager  shall  have  been 
made  ;  such  person,  so   offending,   being  thereof  duly 
convicted,  before  the  county  court,  shall  forfeit  and  pay 
the  sum  of  thirty  dollars. 

SECT.  79.  Each  horse,  or  horse  kind,  used  and  em-  Forfeiture  of 

i          i  •  i_  i  •    i  •     horse  used  in 

ployed  in  any  horse-race,  on  which  any  bet  or  yvager  is  horse-race 
laid,  or  any  purse  or  stake  made,  shall  thereby  be  for- 
feited to  this  state  ;  and   may,   at  any   time  yvithin  six 
months  thereafter,  be  seized,  by  any  constable  or  grand-  Seizure, 
juror  of  the  town,  in  which   such  race  shall  have  been 
run,  or  by  the  attorney  for  the  state  in  the  countv  in  which 
such  town  is  ;  and  in  case  of  seizure  as  aforesaid,  the  in-  Information, 
forming  officer  so  seizing,  shall  make  information  against 
such  horse,  or  horse  kind,  to  the  next  county   court  in 
such  county  ;  and  said  court  shall  proceed  to  hear  and 
determine  such  information  ;  and  in  ca?e  such  horse,  or 
horse  kind,  shall  be  adjudged  forfeited,  such  court  shall 
order  a  sale  thereof,  at  public  vendue,  or  private  sale,  and  Sa*e 
direct  the  avails    thereof,   first  deducting  the  charges 
of  condemnation,  to  be  paid  into  the  treasury  of  this 
state. 

SECT.  80.  If  any  person  or  persons  shall  play  at  cards,  Playing  at 
dice,  tables  or  billiards,  for  money  ;  every  such  person, 
so  oifending,  being  thereof  duly  convicted,  shall  pay  for 
every  such  offence,  a  fine  of  three  dollars  and  thirty' 
four  cents. 


Title  20.     Crimes  and  Punishments. 


Heads  of  fami- 
lies  permitting 
cards    to    be 
played  in  their 
house. 


Sellingplaying- 
oards. 


Taverners 
keeping  imple- 
ments  used  in 
gaining. 


Keeping  bil- 
liard table. 


Saining  at  bil- 
iard  table,  E.O. 
table,  &c. 


Taverner,  &c. 
suffering  play. 


Finding  of 
court  or  jury. 


SECT.  81.  The  head  of  every  family  in  whose  hoilse 
any  game  at  cards,  dice,  tables  or  billiards,  is  so  played 
or  used,  with  his  or  her  privity  or  consent,  being  thereof 
duly  convicted,  shall  forfeit  and  pay,  for  each  time  any 
such  game  is  so  played  or  used,  a  tine  of  three  dollars  and 
thirty-four  cents. 

SECT.  82.  If  any  person  shall  sell  any  playing-cards  in 
this  state,  or  have  any  for  sale  in  his  possession,  or  offer 
to  sell  any  ;  every  such  person,  so  offending,  being  there- 
of duly  convicted,  shall  pay  for  every  pack  of  cards  by 
him  so  sold,  possessed  or  offered  for  sale,  a  fine  of  seven 
dollars. 

SECT.  83.  If  any  taverner,  inn-keeper,  or  victualler 
shall  have  or  keep  in  or  about  his  or  her  house,  or  any  of 
the  dependencies  thereof,  any  cards,  dice,  tables  or 
billiards,  or  any  other  implement  used  in  gaming  ;  or 
shall  suffer  any  person  or  persons  resorting  to  his  or  her 
house,  to  use  or  exercise  any  of  the  said  games,  or  any 
other  unlawful  game  within  his  or  her  house,  or  any  of 
the  dependencies  thereof,  or  places  to  them  belong- 
ing ;  every  such  person,  so  offending,  being  thereof  duly 
convicted,  shall  pay  for  every  such  offence  a  fine  of  seven 
dollars. 

SECT.  84.  If  any  person  or  persons  shall,  at  any  time, 
have  or  keep  in  his,  her  or  their  custody  or  possession 
any  billiard-table  ;  every  such  person,  being  thereof 
duly  convicted,  shall  forfeit  and  pay  the  sum  of  seven 
dollars  ;  and  the  like  sum  for  every  time,  as  often  as  any 
such  billiard-table  shall  be  found  in  his,  her  or  their  pos- 
session. 

SECT.  85.  If  any  person  shall  win  or  lose  any  money, 
or  other  valuable  thing,  by  play  or  hazard,  at  cards,  dice, 
E  O  table,  tables,  billiards,  tennis,  bowls,  shuffle-board, 
or  other  game  or  games  whatsoever,  or  by  betting  on 
such  play  or  hazard,  or  by  sharing  in  any  stake,  wager^ 
or  adventure  of  others,  who  bet,  play  or  hazard  as  afore- 
said ;  or  if  any  taverner,  inn-keeper,  or  other  person, 
shall  consent  to,  or  suffer  such  playing  or  hazarding  to  be 
practised  in  his  or  her  house,  or  its  dependencies,  or  in 
any  building  or  place  in  his  or  her  occupation  ;  and  any 
money,  or  other  valuable  thing,  shall  thereupon  be  won 
or  lost  as  aforesaid  ;  every  person  so  offending,  being 
thereof  duly  convicted,  before  the  county  court,  shall 
forfeit  and  pay  a  fine  of  double  the  value  of  such  money 
or  thing.  And  on  trial  of  any  person,  for  either  of  the 
offences  in  this  section  before  mentioned,  the  court  or 
jury,  as  the  case  may  be,  on  finding  such  person  guilty  of 
such  charge,  shall  also  find  the  value  of  the  money  or 
thing  won  or  lost  ;  or  if  it  appear  that  such  person  hath 


Title  20.     Crimes  and  Punishments.  113 

won  or  lost  as  aforesaid,  or  consented  to,  or  suffered 
such  playing  or  hazarding  as  aforesaid,  and  the  value  of 
the  money  or  thing  won  or  lost  he  uncertain,  or  be  not 
made  to  appear;  the  court  or  jury,  as  the  case  may  be, 
shall  thereupon  find  him  or  her  guilty,  and  shall  also  find 
the  value  of  such  money  or  thing  to  he  uncertain  ;  and 
whenever  the  value  of  such  money  or  thing  shall  be  so 
found  to  be  uncertain,  as  aforesaid,  such  person  shall  be 
adjudged  to  forfeit  and  pay  a  fine  not  exceeding  one 
hundred  dollars,  nor  less  than  twenty  dollars. 

SECT.  86.  Every  person  who  shall  own  or  share,  in  Owning  bil- 
part  or  in  whole,  any  billiard-table,  or  E  O  table;  or  ijfo  tabl^'&c, 
who  shall  have  any  part,  share  or  interest  in  any  bank, 
commonly  called  a  faro  bank ;  or  in  any  other  bank,  capi- 
tal stock  or  fund,  raised  or  established  for  gaming ;  or 
who  shall  have  or  keep  in  his  or  her  custody  or  posses- 
sion, any  such  table;    and  shall  be  thereof  duly  convict- 
ed, before  the  county  court,  shall  forfeit  and  pay  a  fine  of  . 
one  hundred  dollars. 

SECT.  37.  If  any  company  of  players,  or  persons  Theatrical  ex 
whatsoever,  shall  exhibit  any  tragedies,  comedies,  farces  nations, 
or  other  dramatic  pieces  or  compositions,  or  any  panto- 
mimes, or  other  theatrical  shows  whatsoever,  in  any 
public  theatre,  or  elsewhere,  in  this  state,  with  views  of 
gain,  and  for  which  they  shall  demand  and  receive  from 
the  spectators  of  such  shows  and  exhibitions,  or  others, 
any  sum  or  sums  of  money,  as  a  reward  for  their  service 
and  labour  therein,  or  under  colour  of  a  gratuity  there- 
for ;  each  person  so  exhibiting,  bieng  thereof  duly  con- 
victed, before  the  county  .court,  shall  forfeit  and  pay  a 
penalty  of  fifty  dollars,  one  half  to  him  or  them  who  shall 
sue  for,  and  prosecute  the  same  to  effect,  and  the  other 
half  to  the  treasury  of  the  county. 

SECT.  88.  If  any  mountebank,  tumbler,  rope-dancer,  Exhibition? 
master  of  puppet-shows,  or  other  person  or  persons,  shall  banlks^tum- 
exhibit  or  cause  to  be  exhibited,  on  any  public  stage  or  biers, '&c. 
place  whatsoever,   within  this  state,  any  games,  tricks, 
plays,  shows,  tumbling,  rope-dancing,  puppet-shows,  or 
feats  of  uncommon  dexterity  or  agility  of  body  ;  or  offer, 
vend,  or  otherwise  dispose  of,  on  any  such  stage  or  place, 
to  any  persons  so  collected  together,  any  drugs  or  medi- 
cines recommended  to  be  useful  in  various  disorders  ; 
every  person  so  offending,  being  thereof  duly  convicted, 
before  the  county  court,  shall  forfeit  and  pay,  for  every 
such  offence,  a  sum  not  exceeding  two  hundred  dollars, 
nor  less  than  sixty  dollars,  one  half  to  him  or  them  who 
shall  sue  for,  and  prosecute  the  same  to  effect,  and  the 
ether  half  to  the  treasury  of  the  county  t  and  if  such  of- 

17 


414 


Title  20.     Crimes  and  Pwushriients. 


Permitting 
exhibitions  in 
one's  house. 


'Accessories. 


Tines,  &.c. 


Duty  of  in- 
forming offi- 
cers. 

Disposition  of 
penalty. 

Punishment  of 
death,  how  in- 
flicted. 


Imprisonment 
in  newgate  ; 

in  a  common 
gaol. 

Second  con- 
viction. 


fender  be  a  minor,  or  an  apprentice,  under  the  age  of 
twenty-one  years,  or  a  servant,  such  fine  or  penalty  shall 
be  paid  by  his  parent,  guardian  or  master. 

SECT.  89.  If  any  person  within  this  state  shall  suffer 
any  such  mountebank  to  vend  his  medicine,  or  any  per- 
son to  exhibit  any  tricks  of  tumbling,  rope-walking,  or 
dancing^  puppet-shows,  or  any  uncommon  feats  of  agili- 
ty of  body,  for  money,  or  other  cause,  before  any  collec- 
tion of  spectators,  in  his  or  her  house,  or  its  dependen- 
cies ;  every  such  person,  so  offending,  being  thereof  du- 
ly convicted,  shall  forfeit  and  pay,  for  every  such  offence, 
the  sum  of  seven  dollars,  one  half  to  him  or  them  who 
shall  sue  for  and  prosecute  the  same  to  effect,  and  the 
other  half  to  the  treasury  of  the  town  wherein  such  of- 
fence shall  be  committed. 

SECT.  90.  Be  it  further  enacted,  That  every  person 
who  shall  aid,  assist,  abet,  counsel,  hire,  or  command 
any  person  or  persons,  to  commit  any  crime  or  offence 
in  this  act  before  mentioned,  being  thereof  duly  convict- 
ed, shall  suffer  the  same  punishment  as  that  to  which  the 
principal  offender  is  subject. 

SECT.  91.  In  all  cases  where  a  line,  penalty,  or  forfeit- 
ure is  provided  and  inflicted  by  this  act.  as  a  punish- 
ment for  any  offence,  and  one  moiety  thereof  is  given  to 
the  person  or  persons  aggrieved,  or  to  him  or  them  who 
shall  sue  for  and  prosecute  the  same  to  effect,  and  the 
other  moiety  to  the  state,  county,  or  town  treasury,  it 
shall  be  the  duty  of  all  proper  informing  officers  to  make 
presentment  of  such  offence  to  the  court  having  cogni- 
zance thereof,  and  in  case  of  conviction,  on  such  present- 
ment, the  whole  of  such  fine,  penalty,  or  forfeiture,  shall 
go  and  belong  to  the  state,  county,  or  town  treasury. 

SECT.  92.  The  punishment  of  death,  herein  before 
mentioned,  shall,  in  all  cases,  be  inflicted  by  hanging  by 
the  neck,  at  such  time  as  the  court  shall  direct,  not  less 
than  thirty  days  after  the  conviction  ;  and  the  .punish- 
ment of  imprisonment  in  newgate  prison,  shall  be  sub- 
ject to  the  provisions  of  law,  relating  to  said  prison ;  and 
that  of  imprisonment  in  a  common  gaol,  shall  be  subject 
to  the  provisions  of  law,  relating  to  gaols  and  gaolers. 

SECT.  93.  If  any  person,  having  been  convicted  of 
either  of  the  crimes  aforesaid,  the  punishment  whereof  is 
imprisonment  in  newgate  prison,  for  a  term  less  than 
for  life,  shall  again  be  convicted  of  the  same  crime,  or  of 
either  of  s-jch  crimes,  he  shall,  on  such  second  convic- 
tion, suffer  imprisonment  in  said  prison,  for  a  term  not 
exceeding  double  the  term  for  which  he  would  be  liable 
to  suffer,  without  such  former  conviction  :  and  if  any 


Title  20.  Crimes  and  Punishments.  115. 

person  shall  be  convicted  a  third  time,  of  eitlier,  or  any  Third  convic- 
of  said  crimes,  he  shall  sutler  imprisonment  in  said  new- llon- 
gate  prison,  during  his  natural  life. 

SECT.  94.  On  the  conviction  of  any  female,  of  any  Imprisonment 
crime,  the  punishment  whereof  if  committed  by  males,  is.offemal.es, 
imprisonment  in  newgate  prison,  such  female  shall  be  lia- 
ble and  subjected  to  confinement  with  none  but  females, 
in  the  common  work-house  in  the  county  where  such  of- 
fence is  tried,  there  to  be  kept  at  such  labor  as  may  be 
suitable,  and  to  be  under  the  direction  of  the  overseers 
of  said  work-house,  for  the  same  period,  for  which  the 
offender,  if  a  male,  would  be  liable  to  suffer  imprison- 
ment in  newgate  prison  :  Or  such  female  may  be  sen- 
tenced to  confinement  in  newgate  prison,  with  none  but 
females,  in  an  apartment  to  be  prepared  for  that  purpose. 

SECT.  95.  That  in  all  cases  of  convictions  for  theft,  Juslices  ~^ 
and  in  all  cases  of  convictions   for  breaches,  of  peace,    ™tte\n  cases, 
when  the  delinquent  neglects  or  refuses  to  pay  the  fine  to  sentence  de- 
and  cost  incurred  by  law,  before  a  justice  of  the  peace,  J'nqj'ents  to 
the  justice  may,  at  his  discretion,  instead  of  the  punish- 
ments  or  penalties  now  by  law  prescribed,  sentence  the 
delinquent  to  hard  labor  in  the  work-house  of  the  town 
in  which  said  conviction  is  had,  or  in  which  such  town 
may  have  a  right  to  confine  any  delinquents,  if  any  there 
be,  for  a  term  not  exceeding  ninety  days,  for  the  first  of- 
fence, and  for  a  term  not  exceeding  six  months,  for  the 
second  or  any  after  offence. 

SECT.  96.  Any  male  person,  who  shall  be  guilty,  and  When  newgate 
convicted  of  any  crime,  the  punishment  whereof  is,  or  Pnso.n  1S  ?ut  ot 
shall  be,  confinement  in  newgate  prison,   at  any   time  erHn^be011 
when  said  prison  may  be  out  of  repair,  may  be  confined  confined  in 
in  any  of  the  gaols  in  the  state,  until  such  prison  shall  be  common  gao!- 
in  a  condition  to  receive  him, 

SECT.  97.  All  persons  charged  with  any  of  the  offences  Offenders, 
herein  before  mentioned,  shall  be  tried  in  the  county  ^jre  to  be 
wherein  the  offence  shall  have  been  committed,  except 
that  persons,  charged  with  bigamy,  may  be  tried  in  the, 
county  where  they  shall  be   apprehended ;  and  where 
theft  shall  be  committed  in  one  county,  and  the  property  Theft. 
stolen  be  carried  into  another,  the  offender  may  be  tried 
in  either  county.     If  a  person  be  wilfully  and  maliciously  Murder, 
stricken  or  poisoned,  in  one  county,  and  die  of  the  same 
stroke  or  poison,  in  another  county,  within  one  year 
thereafter,  the  offender  shall  be  tried  in  the  county  where 
such  stroke  or  poison  was  given. 

SECT.  98.  All  persons  detained  in  gaol  for  trial,  for  an  Bail, 
offence  not  capital,  shall  be  entitled  to  bail,  to  be  taken 
by  one  or  more  of  the  judges  of  the  court  having  cotrni- 
y^ance  of  the,  offence. 


116 


Title  20.    Crimes  and  Punishments. 


Jnrisdiction  of 
judges  of  su- 
perior court  j 


of  justices  of 
the  peace. 


Authority  of 
justices  of  the 
peace  to  bind 
over. 


To  whom  re- 
cognizance 
shall  be  taken. 


Persons  com- 
mitted for 
want  of  recog- 
nizance, how 
to  be  relieved. 


Right  of  ap- 
peal. 


Judgment  on 
view. 


SECT.  99.  The  superior  court  shall  have  cognizance 
of  all  offences,  whereof  any  part  of  the  punishment  is,  or 
may  be,  death,  confinement  in  newgate  prison,  or  inca- 
pacity to  hold  office,  and  also  of  high  crimes  and  misde- 
meanors at  common  law  ;  the  several  justices  of  the  peace 
shall  have  cognizance  of  all  offences,  punishable  by  a  line 
or  forfeiture,  not  exceeding  seven  dollars  ;  and  the  sev- 
eral county  courts,  in  their  respective  counties,  shall  have 
jurisdiction  of  all  cases  of  a  criminal  nature,  not  by  Jaw 
cognizable  by  the  superior  court,  or  a  justice  of  the 
peace  ;  and  shall  also  have  cognizance,  concurrently 
with  the  superior  court,  of  the  crime  of  burglary,  and  of 
the  offences  created,  described  and  denned  in  the  twenty- 
fourth  and  twenty-fifth  sections  of  this  act. 

SECT.  100.  If  any  person  or  persons  shall  be  brought 
before  a  justice  of  the  peace,  for  any  matter  of  a  criminal 
nature,  which  is  not  determinable  by  a  single  minister  of 
justice,  such  authority  shall  recognize,  with  surety,  such 
person  or  persons,  if  bailable,  to  appear  before  the  court 
proper  to  try  and  determine  the  same,  and  for  want  of 
sufficient  bail,  to  commit  him  or  tjiem  to  gaol,  for  the 
purpose  aforesaid  ;  and  also  to  commit  all  such  as  are  not 
by  law  bailable,  that  they  maybe  brought  to  justice  ;  and 
the  bond  of  recognizance,  which  such  justice  of  the  peace 
may  take,  shall,  if  .the  record  is  returnable  to  the  county 
court,  be  given  to  the  treasurer  of  the  county,  and,  if  re- 
turnable to  the  superior  court,  to  the  treasurer  of  the 
state. 

SECT.  101.  In  all  cases -wherein  a  recognizance  has 
been,  or  may  be,  required  from  any  person,  by  a  justice 
of  the  peace,  such  person,  if  confined  in  a  gaol  for  neglect- 
ing or  refusing  to  recognize,  may  be  relieved,  by  entering 
into  a  proper  recognizance,  before  any  judge  of  the  supe- 
rior court,  or  any  judge  of  the  county  court,  in  the  coun- 
ty wherein  such  person  may  be  confined. 

SECT.  102.  When  any  person  shall  be  convicted,  be- 
fore a  justice  of  the  peace,  of  any  crime,  except  drunken- 
ness, profane  swearing,  cursing,  or  sabbath-breaking,  lie 
shall  have  liberty  of  appeal  to  the  next  county  court ;  pro- 
vided he  gives  sufficient  security  for  his  appearance,  and 
for  abiding  the  judgment  that  may  be  given  by  the  county 
court  therein. 

SECT.  103.  Whenany  justice  of  thepeace  shall  haveplain 
view,  or  personal  knowledge,  of  any  person's  being  guil- 
ty of  drunkenness,  profane  swearing,  cursing,  or  sabbath- 
breaking,  it  shall  be  accounted  good  and  sufficient  evi- 
dence in  the  law,  for  such  justice  to  make  up  a  judgment 
against  such  person  or  persons,  so  offending,  having  first 
caused  such  person  or  persons  to  be  brought  before  him. 


Title  20.     Crimes  and  Pimishmenta.  117 

But  no  judgment  shall  be  rendered,  by  a  justice  of  the 
peace,  against  any  person,  for  any  other  offence,  whether 
on  confession  or  otherwise,  without  previous  complaint 
and  warrant. 

SECT.  104.  Every  justice  of  the  peace  shall  have  au-  Authority  of 
thority  to  issue  process,  to  be  served  in  any  part  of  the  justice  of  the 
state,  -o  apprehend,  and  bring  before  him,  any  person  0 

against  whom  complaint  is  made,  for  any  criminal  of- 
fence, for  which  he  ought  to  be  brought  before  such  Jus- 
tice for  trial,  or  examination  ;  and  may,  in  like  manner, 
grant  summons,  or  capias,  for  witnesses,  in  such  cases. 
And  justices  of  the  peace,  in  all  criminal  prosecutions,  Powers  of  jus- 
shall  have  power  to  issue  procer-s  directed  to  any  proper  ™° 


Q          „  crm- 

indifferent  person  to  be  served  in  any  part  of  the  State,  inal  prosecu- 
te apprehend  and  bring  before  them  any  person  against  tions  to  is?ue 
whom  a  complaint  is  made  for  a  crime,  and  in  like  man-  ecMoTndiffer? 
ner  to  grant  summons,  or  capias  for  witnesses  ;  and  such  ent  persons. 
indiilerent  person  shall  have  lawful  authority  to  execute 
the  same. 

SECT.  105.  The  superior  court,  and  the  several  coun-  Grand-jury.  . 
ty  courts  in  this  state,  shall  have  power,  when  there  shall 
be  occasion,  to  order  a  grand-jury  of  eighteen,  of  those 
chosen  by  the  respective  towns  in  the  county,  or  other 
sufficient  freeholders  of  the  county,  wherein  the  court  is 
sitting,  to  be  summoned,  impannelled,  and  sworn,  to  en- 
quire after,  and  present  such  criminal  offences  as  shall  be 
cognizable  by  said  courts  respectively.     And  no  person  indictment,  in 
shall  be  held  to  trial,  or  put  to  plead,  to  any  complaint,  what  cases  ne- 
information,  indictment,  or  accusation,  for  any  crime,  the  ces£ary- 
punishment  of  which  may  be  death,  or  imprisonment  for 
life,  unless  a  bill  of  indictment  be  found  against  such  per- 
son for  such  crime,  by  a  grand  jury,  legally  impannelled 
and  sworn  ;  and  no  bill  of  indictment  shall  be  presented 
by  any  grand-jury,  unless  twelve,  at  least,  of  the  jurors 
agree  to  it. 

SECT.  106.  If  the  grand-jury  shall,  in  the  same  indict-  Proceedings  on 
ment,  charge  any  woman  with  the  wilful  murder  of  her  IJnareine'^iniir- 
infant  bastard  child,  as  well  as  with  being  secretly  deliv-  der  of  bastard 
ered  of  such  child,  and  of  concealing  the  death  thereof,  child,  &c. 
or  either  of  such  offences,  and  it  shall  appear  to  the  jury 
of  trials,  that  she   is  guilty  of  the  murder  charged,  she 
shall  be  thereupon  convicted  of  murder,  and  suffer  the 
pains  of  death,  as  in  case  of  murder  ;  but  if  it  shall  not 
appear  to  the  same  jury,  that  she  is  guilty  of  the  murder 
charged  in  the  indictment,  but  only  of  either,  or  both 
the  other  offences  aforesaid,  then  the  same  jury  may  ac- 
quit her  of  the  charge  of  murder,  and  find  her  guilty  of  .  „ 

the  other  offences  aforesaid,  or  either  of  them,  as  the 
case  may  be.. 


118 

Peremptory 
challenge  e 
jurors. 


Evidence  in 
capital  cases. 


Evidence  in 
prosecutions 
for  forging  or 
putting  off  forg- 
ed bank  bills. 


Witness,  how 
compelled  to 
appear  and  tes 
tify. 


Proviso. 


Compensation 
to   witnesses 
without  the 
state. 


Contempt  of 
court 


Title  20.     Crimes  and  Punishments. 

SECT.  107.  Any  person  arraigned  before  the  superior 
court  for  trial,  on  an  indictment  for  any  offence,  by  law 
punishable  with  death,  shall  have  liberty,  peremptorily, 
and  without  giving  any  reason,  to  challenge  twenty  of  the 
jurors,  summoned  and  impanneled  for  said  trial,  and  no 
more  without  shewing  sufficient  reasons. 

SECT.  108.  No  person  shall  be  convicted  of  any  crime, 
by  law  punishable  w  ith  death,  but  upon  the  testimony  of 
two  or  three  witnesses,  or  that  which  is  equivalent. 

SECT.  109.  In  a  prosecution  against  any  person  for  for- 
ging or  altering  any  bill  or  bills,  purporting  to  be  issued 
by  any  bank,  not  incorporated  by  the  authority  of  this 
state,  or  for  putting  off  taich  bills,  knowing  them  to  be 
forged  or  altered,  the  deposition  of  the  president,  cash- 
ier, or  any  clerk  of  such  bank,  duly  taken,  shall  be  ad- 
mitted to  prove  the  existence  of  such  bank,  and  that  such, 
bill,  or  bills  are  forged  or  altered  :  and  in  such  prosecu- 
tions, the  testimony  of  witnesses  who  have  the  means  of 
knowledge,  shall  be  admitted  to  prove,  that  bills  of  the 
description  of  those  charged  to  be  forged  or  altered,  pass 
and  are  received,  as  true  bills  ;  and  that  the  bill  or  bills 
for  which  the  prosecution  is  pending,  is,  or  are  different 
from  the  true  bills,  and  is,  or  are  treated  and  considered 
as  false,  forged,  or  altered. 

SECT.  1 10.  If  any  person  who  shall  be  required  to  ap- 
pear and  give  his  evidence,  upon  the  examination  or  trial 
of  any  delinquent,  or  criminal,  or  an  offender  against  any 
penal  law,  shall  refuse  to  appear,  or  make  oath  to  de- 
clare his  knowledge  in  the  matter,  or  cause,  the  court, 
or  justice,  holding  such  examination  or  trial,  may  appre- 
hend and  commit  the  person,  so  refusing,  to  gaol,  there 
to  remain  at  his  ow^n  cost,  until  he  shall  give  evidence  as 
aforesaid  :  Provided,  that  no  person  shall  be  compelled 
or  required  to  give  evidence  against  himself,  nor  shall  any 
evidence,  given  by  him  as  aforesaid,  be,  at  any  time,  con- 
strued to  his  prejudice. 

SECT.  111.  Whenever,  in  any  criminal  prosecution 
before  the  superior  court,  or  any  county  court  in  this 
state,  it  shall  be  necessary  to  obtain  the  testimony  of  any 
witness  residing  without  this  state,  it  shall  be  lawful  for 
such  court  to  allow  to  such  witness  a  just  and  reasonable 
sum  for  his  or  her  time  and  expenses,  in  coming  to,  at- 
tending upon,  and  returning  from  such  court,  to  be  taxed 
and  paid  as  in  other  cases. 

SECT.  112.  If  any  person,  in  the  presence  of  any  court, 
shall,  cither  by  words  or  actions,  behave  contemptuously 
or  disorderly,  it  shall  be  in  the  power  of  the  court  to  in- 
flict such  punishment  upoi  him.  by  fine  or  /Mimsonment, 
:i- -hall  be  pntgrd  ivmonable  :  Provided,  however.  thaV 


Title  20.     Crimes  and  Punishments,  1 1 1< 

no  single  minister  of  justice  shall  inflict  a  greater  fine  than  Limitation  of 

•  n  dollars,  nor  a  longer  term  of  imprisonment  than  one  Punisliment- 
month  ;  and  no  other  court  shall  inflict  a  greater  fine  than 
one  hundred  dollars,  nor  a  longer  term  of  imprisonment 
than  six  months. 

SECT.  113.  It  shall  be  the  duty  of  the  court  to  state  Direction  of  the 
their  opinion  to  the  jury,  upon  all  questions  of  law,  aris-  J?°ur1 
ing  in  the  trial  of  a  criminal  cause,  and  to  submit  to  their 
consideration  both  the  law  and  the  fact,  without  any  di- 
rection how  to  find  their  verdict. 

SECT.  114.   The  party  aggrieved  by  manifest  and  ma-  Writ  of  error 
terial  error  appearing  of  record,  in  any  criminal  prosecu- 
tion, maybe  relieved  by  writ  of  error,  in  the  same  man- 
ner as  in  civil  actions. 

SECT.  115.    Whenever  writ  of  error,  or  petition  for  Service  of  wnt 

u   n  v.      i  uj.    •  of  error,  orpe- 

new  trial,  shall  be  brought  in  a  criminal  case,  service  titjon  for  a  new 

'hereof  shall  be  made  by  leaving  an  attested  copy  thereof,  trial,  in   crimi- 
by  some  proper  officer,  with  the  attorney  for  the  state,  nal  cases 
in  the  county  where  such  writ  of  error  or  petition  for 
new  trial  shall  be  brought,  or  by  reading  the  same  in  the 
hearing  of  such  attorney. 

SECT.  116.  When  any  sheriff,  deputy-sheriff,  or  con-  Warrant  and 
stable,  shall  receive  a  warrant  from  any  court  or  justice,  cxecutlon- 
having  lawful  cognizance  of  the  offence,  to  do  execution 
of  a  judgment,  by  them  or  him  given,  against  any  delin- 
quent or  criminal,  such  officer  shall  proceed  according  to 
the  direction  of  such  warrant,  to  do  execution  himself,  or 
by  some  meet  person  by  him  to  be  procured,  to  the  ac- 
ceptance of  the  court  granting  such  warrant ;  and  for 
doing  execution  as  aforesaid,  a  reasonable  satisfaction 
shall  be  made,  as  the  court  orjustice  shall  allow  ;  which 
shall  be  taxed  as  a  part  of  the  costs  against  such  delin- 
quent or  criminal,  and  shall  be  paid  as  is  provided  by  law, 
for  the  payment  of  other  charges  of  prosecution. 

SECT.  117.  Every  person  who  shall  be  informed  Costs  on  con 
against,  complained  of,  indicted,  or  in  any  lawful  manner  victlon 
prosecuted,  for  any  crime  or  matter  of  delinquency,  and 
shall  be  thereof  duly  convicted,  shall  pay  all  the  neces- 
sary costs  arising  upon  such  prosecution,  before  he  shall 
be  discharged  ;  but  if  such  person,  sx>  prosecuted  as 
aforesaid,  shall  be  acquitted,  or  if,  in  case  of  conviction, 
the  costs  of  prosecution  cannot  be  obtained  out  of  his 
estate,  such  costs,  if  the  trial  be  in  the  superior  or  county 
court,  shall  be  paid  out  of  the  state  treasury,  and  if  before 
a  justice  of  the  peace,  out  of  the  treasury  of  the  town 
wherein  the  prosecution  is  had.  And  in  all  cases^  the 
said  superior  and  county  courts  respectively,  are  empow- 
ered to  draw  on  the  state-treasurer,  and  such  justice  of 
the  peace  is  empowered  to  draw  on  the  town-treasurer, 
for  the  amount  of  such  costs,  immediately  after  the  pros- 


120  Tittc  20.     Crimes  and  Punishment *: 

i  mion  is  determined  ;  and  such  costs,  if  eventually  re- 
covered of  the  person  prosecuted,  shall  be  paid  into  the 
treasury,  which  shall  have  been  so  as  aforesaid  drawn 
upon,  for  the  amount  thereof.(4) 

Costs,    on  un-      SKCT.  118.  In  case  costs  shall  arise  on  any  proceedings. 

successful  pur-        .  •,      /•  •    r  j  i. 

£ult  or  in  pursuit  oi  any  person  informed  against,   by  any  in- 

forming officer,  and  such  person  cannot  be  apprehended, 
or  being  apprehended,  shall  without  fault  of  the  officer, 
escape,  before  he  is  committed  to  prison,  or  bailed,  such 
costs,  if  the  offence  of  which  such  person  is  accused  be 
recognizable  by  the  superior,  or  county  courts,  shall  be 
paid  out  of  the  state  treasury,  and  if  cognizable,  by  a 
justice  of  the  peace  only,  out  of  the  treasury  of  the  town 
wherein  the  offence  is  alleged  to  have  been  committed  : 
and  said  superior  and  county  courts,  and  the  justice  of 
peace  to  whom  the  process  is  returnable,  are,  respective- 
ly, empowered  to  give  order  for  the  payment  thereof 
accordingly. 

Reward  for  SECT.  119.  Whosoever  shall  make  discovery,  and  give 

ei-yk'nagnd1SCe°iv-  ini°rmation   against  any  person  accused  of  forgery,  ov 

inginformation  counterfeiting,  in  any  manner  herein  before  specified ; 

of  forgery,  &c.  or  of  uttering  and  putting  off  any  forged  or  counterfeited 
writing  or  coin,  herein  before  specified; 'or of  passing, 
selling,  exchanging  or  giving  in  payment,  or  offering  to 
pass,  sell,  exchange  or  give  in  payment,  the  same,  or  of 
receiving  and  having  the  same  in  his  possession ;  or  of 
engraving  or  making  any  plate,  for  the  purpose  of  forgery 
or  counterfeiting  as  aforesaid  ;  or  of  having  in  his  pos- 
session any  bank,  or  unfinished  note  or  bill,  of  the  de- 
scription aforesaid,  or  any  plate  for  forging  or  counter- 
feiting the  same,  with  the  intention  in  such  cases  re- 
spectively aforesaid ;  or  of  aiding,  assisting,  counselling, 
or  advising  therein  ;  so  that  the  person  accused  thereof 
shall  be  tendered  to  justice,  and  shall  be  convicted,  or 
being  bound  over  for  trial,  shall  forfeit  his  bond  or  re- 
cognizance ;  every  such  informer  shall  have  and  receive, 
as  a  reward  for  his  good  services  in  discovering  and  in- 
forming as  aforesaid,  the  sum  of  thirty-four  dollars,  to  be 
ordered  out  of  the  state-treasury,  by  the  court  before 
whom  such  conviction  or  forfeiture  is  had.  And  whoso- 
ever shall  make  discovery  and  give  information  against 

(4)  In  the  revision  of  1672,  there  is  a  prosecution,  and  the  same  was  had  by 
statute,  enacting,  that  any  person  commit-  mistake  ;  and  were  liable  to  be  assigned 
ted  upon  delinquency,  shall  bear  the  char-  in  service,  if  unable  to  pay.  It  was  "con- 
ges of  prosecution,  and  shall  pay  to  the  sidered  so  unjust,  that  a  person  who  was 
master  of  the  prison  six  shillings  and  eight  acquitted  of 'the  crime,  should  pay  the 
pence,  before  he  shall  be  discharged.  In  costs  of  the  prosecution,  a  statute  was  pas- 
the  revision  of  1750,  persons  prosecuted  sed  in  1811,  exonerating  from  the  pay  - 
for  any  matter  of  delinquency,  were  lia-  ment  of  costs,  every  person  acquitted  of 
ble  to  pay  costs,  whether  found  guilty  or  the  crime  for  which  he  was  prosecutet1. 
not,  unless  there  was  no  cause  for  the 


Title  20.     Crimes  and  Punishments. 


121 


any  person  accused  of  the  crime  of  horse-stealing  afore- 
said, so  that  the  person  accused  thereof  shall  be  tendered 
to  justice,  and  shall  be  convicted,  or  being  bound  over 
for  trial,  shall  forfeit  his  bond  or  recognizance,  shall  re- 
ceive his  costs  expended  in  such  prosecution,  not  ex- 
ceeding twenty  dollars,  to  be  ordered  out  of  the  state 
treasury,  by  the  court  before  whom  such  conviction  or 
forfeiture  is  had. 

SECT.  120.  Whenever  any  crime  shall  have  been 
committed,  by  law  punishable  with  death,  the  governor, 
upon  application  of  the  attorney  for  the  state,  in  the 
county  wherein  such  crime  shall  have  been  committed, 
shall  be.  and  hereby  is,  authorized  and  empowered  to  of- 
fer publicly  a  reward  not  exceeding  one  hundred  dol- 
lars, to  the  person  or  persons  who  shall  make  discovery, 
and  give  information  against  any  other  person  guilty  of 
such  crime,  so  that  he  may  be  tendered  to  justice,  and 
convicted  ;  which  sum,  so  offered  as  a  reward,  shall  ac- 
cordingly be  paid  to  such  informer  or  informers,  from  the 
state  treasury,  by  order  of  the  court  before  whom  such 
conviction  is  had. (5) 


Of  horse-steal- 
ing. 


Reward  to  be 
offered  by  gov- 
ernor, for  mak- 
ing discovery, 
and  giving  in- 
formation 
against  capital 
offenders. 


(5)  Our  ancestors  did  not  bring  with 
them  the  sanguinary  criminal  code  of  their 
native  country  ;  but  borrowed  their  regu- 
lations from  a  different  source.  In  the 
preface  to  the  edition  of  1672,  they  say, 
"We  have  endeavored  net  only  to  ground 
our  capital  laws  upon  the  word  of  God, 
but  also  all  our  other  laws  upon  the  justice 
atid  equity  held  forth  in  that  word,  which 
is  a  most  perfect  rule."  Accordingly,  pur- 
suant to  that  law,  a  statute  was  passed, 
punishing  with  death,  idolatry,  witchcraft, 
blasphemy,  murder,  bestiality,  sodomy,  in- 
cest, rape,  man-stealing,  perjury  with  in- 
tent to  take  away  life,  the  cursing  or 
smiting  of  parents  by  children,  and  the 
rebellion  of  sons  against  parents.  Though 
these  severe  laws  continued  in  force  for  a 
considerable  time,  yet  the  instances  are 
rare  in  which  any  of  them  were  executed; 
and  indeed,  very  few  capital  punishments 
were  ever  inflicted  in  the  state.  No  in- 
stance ever  occurred,  where  a  person  was 
executed  for  idolatry,  blasphemy,  man- 
stealing,  for  the  cursing  or  smiting  of  pa- 
rents by  children,  or  the  rebellion  of  sons 
against  parents.  There  were  a  few  con- 
victions for  the  crime  of  witchcraft ;  but 
there  is  no  certain  evidence  of  an  execu- 
tion. But  the  rigour  of  this  severe  code 
has  been,  from  time  to  time,  greatly  mod- 
erated ;  and  in  the  revision  of  1750,  it 
underwent  a  material  amelioration :  idola- 
try, witchcraft,  man-stealing,  the  cursing 
and  smiting  of  parents  by  children,  and 
rebellion  against  parents  by  son?,  are 

18 


omitted  ;  and  incest  is  punished  by  whip- 
ping and  selling  on  the  gallows.  Former- 
ly, the  various  crimes,  not  capital,  were 
punished  by  branding,  cropping,  setting 
in  the  pillory,  whipping,  fine  and  impris- 
onment. In  1787,  the  punishment  of  al- 
most all  crimes  by  imprisonment  in  new- 
gate  WHS  introduced.  In  the  present  code, 
the  object  has  been  to  describe  and  define, 
as  far  as  practicable,  every  act  for  which 
a  man  is  liable  to  punishment,  though 
some  offences  are  unavoidably  left  to  be 
punished  at  common  law  ;  and  to  propor- 
tion the  punishment  according  to  the  na- 
ture and  grade  of  the  crime,  so  that  every 
man  may  know  when  he  violates  the  law, 
and  what  punishment  he  i,s  liable  to  suf- 
fer for  it.  All  punishments  that  fix  a  las- 
ting stigma  on  the  person  of  the  offender, 
except  whipping  for  theit,  have  been 
abolished  ;  but  as  this  shameful  punish- 
ment is  peculiarly  adapted  to  the  mean- 
ness of  this  prevalent  crime,  it  was  thought 
best  to  retain  it.  The  experience  of  this 
state  has  shewn,  not  only  that  mild  pun- 
ishments are  better  calculated  to  prevent 
crimes,  than  those  which  are  sanguinary  ; 
but  that  punishments  must  be  attended 
with  considerable  severity,  to  operate  as 
examples  to  others  :  and  the  dread  of  the 
caverns  of  newgate,  has  produced  a  much, 
more  powerful  and  salutary  effect,  than 
the  humane  regulations,  adopted  in  some 
penitentiaries,  for  the  benevolentpurpo.se 
of  reforming  offenders. 


122  Title  21.     Deaths.— Title  22.     Disinter ment, 

TITLE  21.     Deaths. 
An  Act  concerning  sudden  or  untimely  Deaths. 

"1T1E  it  enacted  by  the  Senate  and  House  ofRep- 
SECT.    .    [j  resentatives  in  General  Assembly  convened, 
Jury  of  inquest,  That  when  any  person  shall  come  to  a  sudden,  untimely, 
when  and  how  or  unnatural   death  ;  or  be  found   dead,  the  manner  of 
summoned.        whose  death  is  not  known  ;  any  justice  of  the  peace,  or 
if  there  be  none  in  the  town,  any  constable  of  the  town, 
shall  forthwith  summon  a  jury  of  twelve  judicious  men, 
who  shall  be  sworn  by  such  officer,  to  enquire  of  the  cause, 
and  of  the  manner,  of  the  death  of  such  person,  and  shall 
present,  on  oath,  a  true  verdict  thereof,  under  their 
hands,  to  some  justice  of  the  peace,  who  shall  return 
the  same  to  the  next  superior  court  in  the  county : 
and  no  fee  shall  be  allowed  for  any  of  the  services  afore- 
said. 

Penalty  on  ju-       SECT.  2.  And  if  any  person,  summoned  to  serve  as  a 
'  juror  as  aforesaid,  shall  refuse  or  neglect  to  appear,  and 
perform  that  service,  he  shall  forfeit  the  sum  of  two  dol- 
lars, to  the  treasury  of  the  town  to  which  he  belongs. 

TITLE  22.     Disinterment. 

An  Act  to  prevent  the  disinterment  of  the  bodies 
of  deceased  persons. 

R  BE  it  enacted  by  the  senate  and  House  of  Rep- 

SECT      J         Ir^L  • 

M.9  resentatives  in  General  Assembly  convened, 

Disintenng,  re-  That  if  any  person  or  persons  shall  open  the  grave  of  any 
moving,  Sir,,  ofj  j  1.1  i     j- 

deceased    per-  deceased  person,  or  the  tomb  where  the  body  or  bodies 

sons  prohibit-  of  any  deceased  person  or  persons  have  been  deposited,  or 
shall  remove  the  body  or  bodies  or  remains  of  any  deceas- 
ed person  or  persons  from  their  grave,  graves,  or  place  of 
sepulture,  for  the  purpose  of  dissection,  or  any  surgical  or 
anatomical  experiments,  or  for  any  other  purpose,  with- 
out the  consent  of  the  near  relations  of  the  deceased  ;or 
shall  in  any  way  aid,  assist,  or  procure  the  same  to  be 
done  ;  or  shall  receive,  conceal  or  secrete,  any  such 
body  or  bodies,  or  shall  aid  or  assist  in  any  surgical  or 
anatomical  experiments,  or  demonstrations  therewith, 
or  dissections  thereof,  knowing  said  body  or  bodies  to 
have  been  so  taken  or  removed  from  the  place  or  places 
Punishment  by  of  their  sepulture  ;  every  such  person  so  offending  shall 
forfeiture,  forfeit  and  pay  a  fijie  not  exceeding  two  thousand  dollars 


Title  22.     Disintermcnt.  123 

nor  less  than  two  hundred  dollars,  and  shall  be  further 
punished  by  imprisonment  in  newgate  prison,  for  a  term  and    imprison- 
not  exceeding  ten  years,  nor  less  than  one  year,  at  the  ment- 
discretion  of  the  court  having  cognizance  thereof. 

SECT.  2.  That  no  professor,  teacher,  or  lecturer   in  Professors  to 
any  college,  academy,  school,  or  medical  institution  shall  &lve  bo«d. 
perform  any  anatomical  or  surgical  experiments,  on  the 
body  of  any  deceased  person  whatever  in  any  building  in 
which  students  of  such  college,  academy,  school  or  medi- 
cal institution,  are  taught,  or  instructed  in  medical  sci- 
ence, until  such  professor,  teacher  or  lecturer  shall  have 
first  given  bond  with  sufficient  surety  to  the  treasurer  of 
this  state,  in  the  sum  of  one  thousand  dollars,  conditioned.  Condition  of 
that  no  body  of  any  deceased  person  which  shall  have  bond* 
been  disintered  or  procured  contrary  to  the  provisions 
of  this  act,  shall  be  introduced  or  brought  within  such 
building,  during  the  time  that  he  holds  the  office,  or  exer- 
cises the  duties  of  professor,  teacher,  or  lecturer  as  afore- 
said in  such  college,  academy,  school,  or  medical  institu- 
tion, or  elsewhere  in  this  state.     And  if  any  such  profes- 
sor, teacher,  or  lecturer,  or  any  other  person,  shall  per- 

f  .  .      \  or      i  Fine   f°r    nonx 

form  any  anatomical  or  surgical  experiments  on  the  body  conformity 
of  any  deceased  person,  in  any  such  building,  without 
said  professor,  teacher  or  lecturer  having  first  given  bond 
as  aforesaid,  he,  the  said  professor,  teacher  or  lecturer 
shall,  being  duly  convicted  before  the  superior  court, 
forfeit  and  pay  to  the  treasurer  of  this  state,  a  fine  not  ex- 
ceeding two  thousand  dollars,  nor  less  than  five  hundred 
dollars,  at  the  discretion  of  the  court  having  cognizance 
of  the  offence. 

SECT.  3.  That  the  mayor  and  two  senior  aldermen  of  Mayor,  Sic.  au- 

any  city,  and  the  select-men  of  any  town,  in  which  such  thorizfd  tp  In~ 
s.       •"  i-      i   •      .-.    j-  i       sped  buildings. 

college,  academy,  school,  or  medical  institution  may  be 

located,  shall  have  authority  at  all  times  to  enter  and  in- 
spect every  part  of  such  building. 

SECT.  4.  That  the  bodies  of  criminals,  who  shall  be  f°^a6°\^^ 
confined  in  newgate  prisonfor  crimes  hereafter  committed,  new-gate  prison, 
and  shall  die  in  said  prison,  who  have  no  known  relations,  to  be  attbedis- 
shall,  with  the  approbation  of  the  overseers  of  said  prison,  ^^0^  ^ 
be  at  the  disposal  of  the  professors  of  anatomy  and  surge- 
ry in  the  meyiical  institution  in  this  state,  to  be  used  for 
the  purpose  of  advancing  medical  science,  and  shall  at  all 
times  be  subject  to  their  order  ;  and  also  the  bodies  of  Also  the  bodies 
persons  capitally  punished  under  sentence  of  the  law,  at  ,?f  (jCflsltal    °f 
the  discretion  of  the  court,  before  whom  the  conviction 
of  such  persons  takes  place. 

SECT.  5.  That  in  all  cases  of  the  breach  of  the  first  Governor  to  of- 
sectionof  this  act,  it  shall  be  the  duty  of  the  governor  or 
the  person  exercising  the  office  of  Governor,  upon  appli-  act. 


Title  23.     Divorce. 

cation  of  the  select-men  of  the  town  where  such  offence 
shall  have  been  committed,  to  oiler  a  reward  not  exceed- 
ing the  sum  of  two  hundred  dollars,  for  the  apprehension 
of  any  person  or  persons  who  shall  have  been  guilty  as 
aforesaid,  and  in  case  of  the  apprehension  and  conviction 
of  such  offender  or  offenders,  the  comptroller  of  public 
accounts,  upon  the  application  of  the  governor,  or  the 
person  exercising  the  office  of  Governor,  shall  draw  an 
order  on  the  treasury  for  the  amount  of  the  reward  thus 
offered,  who  shall  pay  the  same. 


TITLE  23.    Divorce. 

An  Act  authorizing  the  superior  court  to  grant 
Divorces. 


SECT.    1. 


Divorces,  in 
what  cases  to 
be  granted. 


Petition  and 

service 


Mode  of  giving 
"notice,  in  cer- 
tain cases. 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
That  the  superior  court  shall  have  power  to  grant  divor- 
ces to  any  man  or  woman,  lawfully  married,  for  adulte- 
ry ;  fraudulent  contract ;  wilful  desertion  for  three  years, 
with  total  neglect  of  duty,  by  the  other  party;  or  in  case 
of  seven  years*  absence  of  one  party,  notheard  of.(l) 

SECT.  2.  The  party  aggrieved  may  prefer  a  petition  to 
the  superior  court,  which  shall  be  duly  served  on  the 
other  party  ;  and  on  due  proof  of  the  facts,  said  court 
may  grant  a  divorce,  and  declare  the  petitioner  to  be 
single  and  unmarried,  who  may  then  lawfully  marry,  or 
be  married,  again. 

SECT.  3.  In  every  petition  fora  divorce,  returned  to 
t^ie  suPeri°r  court,  if  it  shall  not  appear,  by  the  return  of 
the  officer,  or  otherwise  that  the  respondent  has  had 
actual  notice,  the  court  shall  continue  the  cause  until 
the  next  term,  to  the  intent  that  actual  notice  may  be 
given  :  and  when  the  respondent  lives  out  of  the  state. 


(1)  A  statute  permitting  divorces  for 
the  same  reason  as  the  present,  was  pas- 
sed at  an  early  period  ;  as  it  appears  in 
the  revision  of  1702.  At  this  time,  di- 
vorces were  not  granted  in  any  Christian 
country,  on  such  grounds  ;  and  it  was  gen- 
.erally  understood,  that  the  precept  of  our 
Saviour  prohibited  divorces  in  all  cases, 
except  for  the  sinp'e  cause  of  adultery, 
the  framersof  t,  is  statute  regarded, in 
the  strictest  manner,  the  authority  of  the 
sacred  scriptures,  and  would  not,  on  any 
consideration,  have  passed  a  Jaw,  which 
they  considered  to  be  repugnant  to  a  di- 
VI.  ie  precept,  it  is  evident,  that  they  very 
properly  considered  marriage  to  bt  mere- 


ly  a  civil  contract,  and  that  the  remark 
of  our  Saviour  was  only  intended  to  con 
demn  the  practice  of  the  Jews  in  permit 
ting  divorces  at  the  pleasure  of  the  hus- 
band ;  and  not  to  prohibit  a  legislature, 
from  making  such  laws  as  the  interest  of 
society  required,  relating  to  the  subject  of 
marriage  and  divorce.  That  this  statute 
is  not  repugnant  to  the  law  of  God,  or 
the  best  interest  of  the  community,  is 
evident,  from  the  consideration,  that  there 
is  in  no  country  more  conjugal  purity  and 
felicity  than  in  this,  and  no  where  has  the 
Christian  religion  a  greater  influence  and 
ascendency. 


Title  24.     Dogs.  125 

and  actual  notice  can  be  given,  it  shall  be  lawful  for 
any  judge  of  the  superior  court,  in  vacation,  to  prescribe 
the  mode  in  which  the  same  shall  be  given  :  and  such 
notice  having  been  given  accordingly,  at  least  six  weeks 
before  the  sitting  of  the  court,  to  which  the  petition  is 
returnable,  such  court,  on  due  proof  thereof,  may,  if  they 
judge  it  proper,  proceed  to  a  trial  of  the  cause,  at  the 
first  term.  If  the  respondent  be  absent  out  of  the  state, 
and  cannot  be  served  with  actual  notice,  without  great 
expense,  the  pendency  of  sueh  petition  shall  be  pub-  ? 
lished  in  two  or  more  newspapers  in  this  state,  immedi- 
ately after  the  rising  of  such  court,  six  weeks  successively. 
And  if  the  petitioner  shall  have  removed  from  any  other 
state  or  nation,  to  this  state,  and  shall  not  have  statedly 
resided  in  this  state,  three  years  next  before  the  date  of 
said  petition,  he  or  she  shall  take  nothing  by  the  petition, 
unless  the  cause  of  divorce  shall  have  arisen  subsequent 
to  his  or  her  removal  into  this  state.  And  in  every  case, 
where  the  petitioner  coming  to  reside  in  this  state,  shall 
have  left  his  or  her  consort  in  any  other  state  or  nation, 
actual  notice  of  the  pendency  of  such  petition,  shall  be 
given  to  the  respondent,  by  the  reading  of  the  petition  in 
his  or  her  hearing,  which  shall  be  proved  by  the  oath  of 
the  person  reading  the  same,  administered  by  proper  au- 
thority. And  if  the  respondent,  so  notified,  shall  not 
appear  in  the  cause,  at  the  term  to  which  the  petition  is 
returnable,  the  court  shall  continue  the  petition  to  the 
next  term. 

SECT.  4.  The  superior  court  shall  have  power  to  as-  Alimony 
sign  to  any  woman,  so  divorced,  such  reasonable  part  of 
the  estate  of  her  late  husband,  as  in  their  discretion,  the 
circumstances   of  the  estate  will  admit,  not  exceeding 
one  third  part  thereof. 


TITLE  24.    Dogs. 
An  Act  for  preventing  mischief  by  Dogs. 

|4E  it  enacted  by  the  Senate  and  House  ofRep- 


resentatives  in  General  Assembly  convened, 

That  any  two  justices  of  the  peace,  in  any  town,   may  Tw°  justices 
make  all  necessary  rules,  orders  and  regulations,  when-  ^ay  em^ekaece 
ever  they  shall  judge  the  inhabitants  of  the  state,  or  their  rules,  Sic.  rela- 
property,  shall  be  in  danger,  for  the  confining,  restraining,  tinS to  d°Ss  J 
killing,  or  destroying  of  dogs,  belonging  to,  or  found  in 
their  respective  towns,  as  they  shall  judge  reasonable,  for 
the  effectual  security  of  such  inhabitants,  or  their  pro- 
perty ;  and  such  rules,  orders,  or  regulations,  shall  be 


126 

to  be  publish- 
ed; 


and  obeyed. 


Penalty. 


What  dogs 
may  be  killed. 


Proviso. 


Dogs  to  wear 
collars,  or  may 
be  killed. 


Owners  of 
dogs  to  pay 
damages  done 
by  them. 


Title  25.     Dower. 

published,  and  a  notification  of  the  same  set  up  in  wri- 
ting, in  three  of  the  most  public  places  in  such  town, 
wherein  the  same  shall  be  made,  and  not  less  than  one, 
in  each  school  society  therein.  And  when  such  rules, 
orders,  or  regulations  shall  be  so  made  and  published,  all 
persons  shall  conform  thereto ;  and  if  any  person  shall 
violate,  or  offend  against,  any  of  such  rules,  orders,  or 
regulations,  he  shall  forfeit  and  pay  the  sum  of  seven  dol- 
lars, one  half  to  him  who  shall  sue  for  and  prosecute  the 
same  to  effect,  and  the  other  half  to  the  treasury  of  the 
town,  in  which  such  offence  shall  be  committed  ;  and  all 
dogs  which  shall  not  be  confined  and  restrained  agreea- 
bly to  such  rules  and  orders,  so  made  and  published,  may 
be  killed,  by  any  person  whosoever.  But  nothing  in  this 
act  shall  be  construed  to  prevent  any  person  from  killing 
any  dog  found  mad,  or  justly  suspected  to  be  mad.  or  that 
shall  be  found  doing  mischief,  or  attempting  to  do  the 
same,  when  alone,  out  of  the  possession  of  his  owner, 
and  distant  from  the  care  and  control  of  any  person,  hav- 
ing the  charge  of  such  dog. 

SECT.  2.  Every  dog  permitted  to  go  at  large,  shall 
wear  a  collar,  with  the  name  of  the  owner  of  such  dog, 
and  the  place  of  the  residence  of  such  owner,  at  large 
and  legible  thereon  ;  and  if  any  dog  shall  be  found  at 
large,  with,  or  without,  the  permission  of  his  owner,  not 
wearing  such  collar,  such  dog  may  be  killed. 

SECT.  3.  Whenever  any  dog  shall  do  any  damage, 
either  to  the  body,  or  property  of  any  person,  the  owner 
or  keeper,  or  the  parent,  guardian,  or  master  of  any 
such  owner  or  keeper,  as  may  be  a  minor,  or  servant, 
shall  pay  such  damages,  as  any  person  may  have  sustain- 
ed by  such  dog. 


TITLE  25.     Dower. 


Who  shall  be 
entitled  to 
dower. 


An  Act  providing  Dower  for  Widows. 


SECT.    1. 


BE  it  enacted  by  the  Senate  and  House  of  Rep - 
resentatives^in  General  Assembly  convened, 
That  every  married  woman,  living  with  her  husband,  at 
the  time  of  his  death  ;  or  absent  from  him,  by  his  consent, 
or  by  his  default,  or  by  inevitable  accident ;  or  in  case  of 
divorce,  where  she  is  the  innocent  party,  and  no  part  of 
the  estate  of  her  husband  was  assigned  to  her,  for  her 
support ;  shall  have  right  of  dower  in  one  third  part 
of  the  real  estate,  of  which  her  husband  died  posses* 
ed,  in  his  own  right,  to  be  to  her  during  her  natural  life  ; 


Title  25.     Dower.  127 

unless  a  suitable  provision  was  made  for  her  support,  be- 
fore the  marriage,  by  way  of  jointure. (1) 

SECT.  2.  It  shall  be  the  duty  of  the  heirs,  or  persons  How  to  be  act 
entitled  to  said  estate,  within  sixty  days  after  the  death  out' 
of  the  husband,  to  apply  to  the  court  of  probate,  in  the 
district  where  the  will  of  the  deceased  was  proved,  or 
administration  on  his  estate  granted,  to  have  dower  as- 
signed to  the  widow  ;  and  such  court  shall  appoint  three 
sufficient  freeholders  of  the  county,  who,  on  being  duly 
sworn,  shall  set  out  to  the  widow  her  dower  or  thirds,  in 
the  estate  of  her  deceased  husband  ;  and  in  case  the  heirs, 
or  persons  entitled  to  the  estate,  shall  neglect  to  have 
dower  assigned  as  aforesaid,  then,  on  complaint  of  the 
widow,  to  such  court  of  probate,  said  court  shall  appoint 
three  sufficient  freeholders  of  the  county,  who,  on  being 
duly  sworn,  shall  set  out  and  assign  to  such  widow,  her 
dower  or  thirds  in  the  real  estate  of  her  deceased  hus- 
band ;  and  in  either  case,  the  return  of  the  doings  of  such 
freeholders  to  the  court  of  probate,  and  by  said  court  ac- 
cepted, shall  ascertain  and  establish  such  dower  ;  and  all 
persons  concerned  shall  be  concluded  thereby. 

SECT.  3.  Every  widow  shall  maintain  and  keep  in  re-  Tenant  in 
pair,  the  houses,  buildings,  fences  and  lands  assigned  and  estate  In  re ^    P 
set  out  to  her,  for  her  dower,  and  shall  leave  the  same  in  pair. 
good  and  sufficient  repair ;  and  on  her  neglect,  the  heirs 
or  persons  entitled  to  the  land,  on  her  decease,  may  make 
complaint  and  application  to  the  county  court  where  the 
lands  lie ;  who  shall  order  so  much  of  the  houses  and  lands 
to  be  delivered  to  the  next  heir  or  person  owning  the 
same,  for  so  long  a  term  as,  in  their  judgment,  shall  be 
sufficient,  out  of  the  rents  and  profits,  to  repair  such  de- 
fects ;  unless  said  widow  will  give  good  security  that  she 
will  leave  such  houses,  buildings  and  fences  in  sufficient 
repair. 

SECT.  4.  When  any  testator,  by  his  last  will  and  testa-  Widow  must 
ment,  shall  devise  or  bequeath  any  estate,  real  or  person-  g've  notice  of 
al,  or  any  pecuniary  legacy  to  his  widow,  in  lieu  of  dower,  ce^Vovision 
she  shall,  within  two  months  next  after  the  time  limited  in  a  will, 
by  the  court  of  probate  for  the  exhibition  of  claims  against 
such  estate,  give  notice,  in  writing,  to  the  court  of  pro- 
bate before  which  such  will  may  be  proved  and  approv- 
ed, that  she  declines  to  accept  such  legacy  or  devise ; 
and  if  she  fail  to  give  such  notice,  she  shall  be  barred  of 

(1)  This  provision  of  dower  for  widows  upon  that  free  transfer  of  property,  which 

was  adopted  as  early  as  the  revision  of  the  interest  of  the  community  requires,  it 

1672.      The  common  law  gives  the  wife  was  a  valuable  improvement  of  the  law 

one  third  of  the  real  estate,  of  which  the  to  confine  the  dower  of  the  widow  to  the 

kusband  was  seised  during  the  coverture,  lands  of  which  the  husband  died  possessed 
But  a?  such  a  Hen,  may  often  be  a  restraint 


128 


Jointure. 


Title  26.     Duties. 

her  dower,  and  such  devise  or  legacy,  shall  be  assigned 
to  her  in  leiu  thereof. 

SECT.  5.  If  any  woman,  prior  to,  and  in  contemplation 
of  marriage,  shall,  on  an  agreement  with  her  intended 
husband,  or  other  person,  receive  an  estate,  either  real 
or  personal,  to  take  effect  after  the  death  of  her  husband, 
byway  of  jointure,  as  a  provision  for  her  support  during 
life,  and  expressed  to  be  in  full  satisfaction  and  discharge 
of  all  claim  for  dower,  such  estate  shall  be  valid,  and  a 
bar  to  dower  in  the  estate  of  her  husband  :  Provided, 
however,  if  the  title  to  the  estate,  settled  on  the  wife  as 
her  jointure,  shall  fail,  she  shall  then  be  entitled  to  dow- 
er in  the  estate  of  her  husband  ;  or  if  the  title  should  fail 
to  any  part  of  it,  then  the  deficiency  shall  be  made  up 
out  of  her  husband's  estate,  if  it  shall  not  exceed  one 
third  of  the  value  thereof. 


TITLE  26.    Duties. 


An  Act  providing  for  the  laying  and  collecting 
of  Duties  in  certain  cases  therein  mentioned. 


SECT.    1. 


Duties  laid  on 
writs,  &.c.  in 
county  and 
city  courts  ; 


superior  court ; 


court  of  errors ; 

general  assem- 
bly; 

on  appeals 
from  justice, 
mayor,  Sic. 

from  county 
or  city  court , 

on  continuan- 
ces in  county, 
city,  and  su- 
perior courts. 

Qn  licenses  to 
retailers  of 
Jiquors. 


BE  it  enacted  by  the  Senate  and  House  of  Rep' 
resentatives  in  General  Assembly  convened, 
That  there  be  laid  and  paid  the  following  duties,  to  wit : 
on  all  writs  or  petitions,  returnable  for  trial  before  any 
county  court  or  city  court,  thirty-four  cents,  to  be  paid 
to  the  authority  who  shall  sign  the  same,  at  the  time  of 
signing ;  on  all  writs  or  petitions  returnable  for  trial  be- 
fore the  superior  court,  one  dollar,  payable  as  aforesaid ; 
on  all  writs  or  petitions,  returnable  for  trial  before  the 
supreme  court  of  errors,  two  dollars,  payable  as  afore- 
said ;  on  all  petitions,  of  an  adversary  nature,  returna- 
ble to  the  general  assembly,  two  dollars,  payable  to  the 
authority  signing  the  citation,  who  shall  certify  the  same 
thereon  ;  on  all  appeals  from  the  judgment  of  a  justice  of 
the  peace,  or  mayor,  or  alderman,  fifty  cents,  payable  to 
such  justice,  mayor,  or  alderman,  at  the  time  of  granting 
said  appeal ;  on  all  appeals  from  a  judgment  of  a  county 
court,  or  city  court,  one  dollar  ;  and  on  all  continuances 
in  the  oounty  courts,  or  city  courts,  thirteen  cents,  and  in 
the  superior  court,  twenty-five  cents,  payable  to  the 
clerks  of  such  courts,  respectively,  at  the  time  of  granting 
the  same. 

SECT.  2.  On  every  license  granted  to  a  retailer  of  spir- 
itous  liquors,  there  shall  be  paid  by  him,  to  the  clerk  of 
the  board  of  civil  authority,  of  any  town,  granting  I'lv 


Title  26.     Duties. 

same,  in  conformity  to  the  "  act  to  regulate  the  selling  of 
spiritous  liquors,"  a  sum  at  the  rate  of  five  dollars  per 
annum,  to  be  computed  from  the  date  of  said  license,  to 
the  second  Monday  of  January  then  next. 

SECT.  3.  There  shall  be  levied,  collected  and  paid,  On  sales  atauc- 
upon  all  sales,  by  way  of  auction,  of  goods,  wares,  or  mer-  tion, 
chandize,  of  foreign  growth,  produce,  or  manufacture, 
two  per  cent  of  the  purchase  money  arising  by  sale  at 
auction,  of  such  goods,  wares,  or  merchandize,  to  be  paid 
by  the  auctioneer,  or  person  making  such  sales  at  auc- 
tion, out  of  the  monies  arising  from  each  and  every  such 
sale,  to  the  clerk  of  the  civil  authority  of  the  town  in 
"which  such  sales  are  made,  and  by  whom  a  license  there- 
for shall  be  granted,  in  conformity  to  the  "  act  imposing 
a  duty  on  sales  at  auction  in  certain  cases." 

SECT.  4.  All  persons  authorised,  by  law,  to  receive  ^ec.eive^s  °£ 
duties,  shall,  annually,  in  the  month  of  May,  and  before  Cou'nt  with  tht- 
or  on  the  tenth  day  of  said  month,  render  an  account  of  treasurer. 
all  duties  by  them  received  as  aforesaid,  (except  the  du- 
ties on  appeals  and  continuances,  received  by  the  clerks 
of  the  county  courts.)  and  pay  over  the  same  to  the  treas- 
urer of  the  state  ;  and  the  persons  rendering  an  account, 
of  duties  received  by  them,  on  civil  process,  as  aforesaid, 
shall  specify  the  number  of  writs,  or  petitions,  and  the 
number  of  appeals  on  which  the  same  shall  have  been 
received  ;  and    the  clerks  of  the  civil  authority  shall 
return  to  the  said  treasurer  the  number  of  licenses  for 
retailing  spiritous  liquors,  on  which  they,  respectively, 
shall  have  received  a  duty,  and  the  amounnt  of  duty  re- 
ceived on  each  license  ;  and  also,  the  amount  of  duties 
received  by  them,  respectively,  on  sales  at  auction,  from 
whom  received,  and  how  much  from  each  person.     And  j{,e;P  comm^ 
each  person,  so  accounting  with  the  treasurer,  shall  be  sion. 
entitled  to  a  drawback  of  five  per  cent,  on  all  duties  or 
monies,  by  him  so  accounted  for,  and  paid  as  aforesaid, 
as  a  compensation  for  his  trouble  in  receiving  and  pay- 
ing over  the  same. 

SECT.  5.  It  shall  be  the  duty  of  every  sheriff,  deputy-  Return  of  writa, 
sheriff,  constable,  or  indifferent  person,  who  shall  serve 
a  writ  or  process,  on  which  a  duty  shall  be  certified,  to 
return  the  same  to  the  clerk  of  the  court  to  which  the 
same  is  made  returnable,  forty-eight  hours,  at  least,  be- 
fore the  commencement  of  the  session  of  such  court.  And 
if  any  such  writ  or  process  shall  not  be  so  returned, 
within  the  time  aforesaid,  the  person  who  served  the 
same  shall  not  be  entitled  to  any  fees  for  such  service  ; 
but  the  court  to  which  the  same  is  returnable,  may,  at  .J 

their  discretion,  order  the  same  to  be  entered  in  the  docket 
pfsaid  court,any  time  during  the  three  first  days  of  the,  term. 

19 

*  «.' 


Title  26.     Duties. 

And  if  the  suit  shall  be  settled,  before  such  writ  is  return- 
ed, the  officer  shall,  if  he  knows  the  fact,  state  the  same, 
on  some  part  of  the  process  ;  and  the  suits  so  stated  to 
be  settled,  shall  not  be  entered  in  the  docket  of  said 
Clerks  of  courts  court.     And  the  clerks  of  the  city,  county,  and  superior 
to  return  to  the  courts?  shall  return  to  the  comptroller,  on  or  before  the 
numberof^rUs  tenth  day  of  May,  in  each  year,  the  whole  number  of 
returned  to  the  writs  or  petitions,  on  which  a  duty  is  certified,  that  shall, 
courts.  m  anv  preceding  year,  have  been  served  and  returned  to 

their  respective  offices,  together  with  the  names  of  the 
authority  by  whom  signed,  and  the  number  signed  by 
each  of  said  authority. 

Treasurer  to          SECT.  6.  The  treasurer  shall,  on  or  before  the  twenty- 
make  return  to  fifth  day  of  May,  annually,  make  a  return  to  the  general 
I*16  ifi\r"era*  ^   assembly  of  all  said  accounts  rendered  to  him,  and  the 
names  of  such  of  the  civil  authority  as  shall  have  neglect- 
ed to  render  their  accounts  to  him  as  aforesaid ;  and  also, 
the  names  of  the  towns  from  which  no  returns  shall  have 
been  made  to  him  of  duties  on  licenses  to  retailers,  and 
on  sales  at  auction. 

Officers  not  ac-      SECT.  7.  If  any  of  the  aforesaid  officers  shall  fail  of 
counting,  inca-  rendering  his  accounts  agreeably  to  this  act,  and  of  ma- 
Fng'their  office  ^mS  payment  of  the  sums  that  shall  thereby  appear  due, 
for  one  year,     on  or  before  the  tenth  day  of  May,  annually,  every  such 
officer,  so  in  default,  shall  be  incapable  of  holding,  or  ex- 
ercising, the  office  by  means  whereof  he  became  a  re- 
ceiver of  such  duties,  for  and  during  the  term  of  one 
year,  from  and  after  his  making  default  of  payment  as 
aforesaid. 
Treasurer  to         SECT.  8.  When  any  such  officer  shall  be  removed,  by 

call  upon  offi-  death  or  otherwise,  or  shall  be  omitted  in  any  appoint- 

cer   removed,  /•!.•          ^  i_  j  i_- 

or  his  adminis-  ment,  on  account  of  his  not  having  rendered  his  account, 

trator,  to  ac-  and  made  payment  of  duties  as  aforesaid,  it  shall  be  the 
duty  of  the  treasurer  to  call  such  officer,  or  his  exe- 
cutors or  administrators,  to  account  for  such  duties  as 
may  be  or  remain  in  their  hands,  or  may  have  been  in 
the  hands  of  such  deceased,  at  the  time  of  his  death  5  and 
the  cost,  if  any,  that  shall  arise  by  means  thereof,  shall  be 
paid  by  the  person,  or  the  executor  or  administrator, 
•who  shall  have  neglected  to  make  such  return  of  pay- 
ment. 

••fonTTainst""      SECT'  9*  ^  anv  clerk  of  the  superior,  county  or  city 

negligent          courts,  shall  neglect  to  comply  with  the  requirements  of 

clerks.  this  act,  it  shall  be  the  duty  of  the  treasurer,  forthwith, 

to  certify  the  same  to  the  presiding  judge  of  the  court,  to 

which  such  clerk  belongs. 

Si<JWuaies0s  the  S?CT*  10'  No  writ'  oraPPeal  taken,  on  which  a  duty 
duty  isceVtlaed  is  lai.d  as  aforesaid,  shall  be  valid  in  law,  unless  the  au- 
thereon.  thority  signing  such  writ,  or  certifying  the  copies  in  such 


Title  27.     Election.  131 

appeal,  shall  certify  thereon,  in  words  at  full  length,  that 
the  duty  thereon  is  paid,  and  the  amount  thereof. 

SECT.  11.  No  officer,  who,  by  this  act,  is  made  a  re-  No   officer  to 
ceiver  of  said  duties,  after  he  shall  have  signed  and  deliv-  refund  duties 
ered  out  of  his  hands,  any  writ  or  other  process,  whereon 
a  duty  is  payable,  shall  ever,  on  any  pretext,  or  under  any 
circumstances  whatever,  return  or  discount  the  duties, 
required  by  law,  to  be  paid  thereon. 

SECT.  12.  No  writ  or  process  on  which  a  duty  is  pay-  N°  wr't  to  be 
able,  that  has  once  been  completed  against  any  person,  onceedc'0a^le[et 
shall  afterwards  be  altered  into  a  writ  against  any 'other  ed. 
person,  without  a  further  certificate  of  the  duty  having 
been  again  paid  thereon  ;  and  the  court  before  whom 
such  writ  shall  be  returned,  wherein  any  such  erasure  or 
alteration  shall  appear,  shah,  ex  officio,  abate  and  dismiss 
the  same,  and  shall  tax   costs  in  favor  of  the  defendant 
therein. 

SECT.  1 3.  All  monies,  which  may  be  received,  by  the  Appropriation, 
clerks  of  the  several  county  courts,  for  duties  on  appeals  ° 
and  continuances,  shall  by  them  be  paid  over  to  the  coun- 
ty treasurer,  of  the  county  in  which  they  shall  be  receiv- 
ed, to  defray  the  ordinary  expenses  of  the  several  coun- 
ties ;  and  all  other  monies  that  shall  be  collected  from 
duties  as  aforesaid,  shall  be,  and  they  arehereb)  pledged 
and  appropriated  for  the  sole  use  of  supporting  the  civil 
government  of  the  state. 


TITLE  27.     Election. 
CHAP.  I. 

An  Act  regulating  the  election  of  Governor,  Lieu- 
tenant-Governor,  Senators,  members  of  the 
House  of  Representatives,  Treasurer,  and 
Secretary. 

1  lE  it  enacted  by  the  Senate  and  Hou-se  of  Rep- 
B  B  resentatives  in  General  Assembly  convened, 

That  the  constables  of  the  several  towns  in  the  state,  Time  and  place 
shall  warn  the  electors  of  their  respective  towns  to  meet  of  electors' 
on  the  first  Monday  of  April,  in  each  year,  at  the  usual  n 
place  of  holding  elections  in  each  town,  at  nine  o'clock  warning,"  how 
in  the  morning  of  said  day;  which  warning  shall  be  given  given, 
at  least  five  days  previous  to  said  meetings,  b'y  posting 
notice  thereof  on  the  sign-posts  in  such  towns  respective- 
ly, and  in  such  other  places  as  they  deem  necessary:  and 
every  town  is-authorised,  at  a  meeting,  when  special  no- 


132  Title  27.     Election. 

tice  has  been  given  for  that  purpose,  to  designate  the 
place  of  holding  electors'  meetings. 

Presiding  offi-  SECT.  2.  The  town-clerk  and  select-men  in  the  several 
cer,  how  desig-  towng5  are  hereby  authorized,  if  they  deem  it  expedient^ 
to  designate  the  person  who  shall  preside  at  such  meet- 
ings of  the  electors  ;  but  in  case  no  presiding  officer  is 
designated  by  the  town-clerk  and  select-men,  the  elect- 
ors shall  choose  the  presiding  officer  ;  in  which  choice 
the  town-clerk,  if  present,  and  in  his  absence,  the  oldest 
select-man  present,  shall  preside. 

Representa-  SECT.  3.  The  electors  present  at  any  such  meeting, 

il?es  l°  be  shall  first  proceed  to  choose  the  representative,  or  repre- 
sentatives, to  which  such  town  is  entitled  in  the  general 
assembly  next  ensuing  said  election. 

Then, ballots  to      SECT.  4.  At  such  meetings   of  the   electors,  immedi- 
senators  '"       ately  after  the  choice  of  representatives,  the  electors  shall 
be  called  upon,  by  the  presiding  officer,  to  bring  in  their 
ballots  for  senators  in  the  general  assembly  of  this  state, 
Mode  of  ballot,  next  ensuing  said  election;  and  each  electorpresent,  may 
ing  thereupon  deliver  his  vote  or  sufferage,  for  a  number  of 

persons,  not  exceeding  twelve,  whom  he  would  choose 
senators,  with  the  names  written  on  one  piece  of  paper. 
After  the  votes  for  senators  are  given  in,  the  presiding 
officer  shall  call  upon  the  electors  to  bring  in  their  votes 
for  the  persons  they  would  choose  governor,  lieutenant- 
governor  ^ieu-  g°vernor>   treasurer,  and  secretary  of  the  state,  for  the 
tenant-govern-  year  ensuing  said  election,  in  the  order  above  named ; 
or,  treasurer,     the  presiding  officer,  assisted  by  the  town-clerk  and  select- 
ary'    men,  shall  count  the  votes,  and  declare  them  in  the  pub- 
lic meeting  of  the  electors  ;  and   shall  also  make  dupli- 
Duplicate  lists  cate  \[s^s  of  fae  votes  for  senators,  governor,  lieutenant- 
of  votes  to  be  j  r         •>      p 

made.  governor,  treasurer,  and  secretary  ;  one  oi  each  oi  such 

lists  of  votes  shall  be  sealed  up, by  the  presidingofficer,  di- 
rected  to  the  secretary  of  this  state,  and  returned  to  the 
votes,  how  to  secretary  or  to  the  sheriff  of  the  county  in  which  the  town 
be  made.  is  situate,  within  ten  days  after  such  meeting,  and  the  other 

within  three  days  after  such  meeting,  shall  be  delivered 
to  the   town-clerk  :    each  sheriff  receiving  said  votes 
shall,  within  fifteen  days  after  said  meeting,  return  the 
same,  or  cause  them  to  be  -returned,  to  the  secretary  of 
this  state.     The  votes  for  lieutenant-govenjor,  shall  be 
counted  by  the  same  persons  appointed  to  count  the  votes 
A  fair  list  of  for  governor  ;  and  a  fair  list  of  the  votes  for  lieutenant- 
votes  to  be        governor,  treasurer  and  secretary,  shall  be  made,  by  the 
made  and  laid  _  .LL      •       i    *  •  j  .,.,1  * 

before  general  Persons  authorized  to  receive  and  count  the  same,  and 

"assembly.  laid  before  the  general  assembly,  on  the  first  day  of  their 
session,  who  shall  declare  the  persons  elected  to  said 
offices  respectively.  And  it  shall  be  the  duty  of  the  se- 
cretary, to  give  notice  by  mail,  to.  all  persons  chosen 


Title  27.     Election,  133 

senators,  of  their  election,  immediately  after  their  elec- 
tion is  ascertained  and  declared.     The  votes  for  senators,  Votes  for  sena> 
lieutenant-governor,   treasurer  and  secretary,   shall  be  counted  11!° be 
counted  within  the  month  of  April,  in  each  year  ;  and  April, 
the  original  returns  of  all  votes,  made  by  the  presiding 
officer,  shall  be  submitted  to  the  general  assembly,  on 
the  first  day  of  their  session. 

SECT.  5.  In  the  election  of  lieutenant-governor,  treas-  Jp  election  <ff 
urer  and  secretary,  a  majority  of  the  votes  given  shall  be  c'renUor"rea=urer 
necessary  to  constitute  a  choice  ;  and  if  no  person  has  a  and  secretary, 
majority  of  votes  given  for  either  of  said  officers,  the  a  majority  of 
•general  assembly  shall  proceed  to  fill  the  vacancy.  ™  ei 

SECT.  6.  In  case  the  office  of  treasurer,  secretary,  or  Vacancy  in  of- 
comptroller,  become  vacant,  by  death  or  resignation,  the  fice  of  trei»sur- 
governor  shall  fill  the  vacancy,  unless  the  same  occurs  *n'd  ^onuitrolV 
during  the  session  of  the  general  assembly,  in  which  case,  er,  how  to  be 
they  shall  appoint  a  successor.  filled- 

SECT.  7.  The  presiding  officers  in  the  meeting  of  the  Presiding  offi- 
electors,  in  the  respective  towns  of  this  state,  shall  make  certificates  of 
out  the  certificates  of  the  votes  and  proceedings  of  the  votes, 
electors,  according  to  the  forms  hereafter  prescribed  ; 
that  is  to  say,  of  the  votes  for  senators  in  the  general  as- 
sembly, as  follows,  to  wit : 

At  a  meeting  of  the  electors  in  the  town  of le-  Form  or  certifi- 

gally  warned  and  held,  on  the  first  Monday  of  April, 

A.  D. the  following  persons  received  the  number  of 

votes  annexed  to  their  names  respectively,  for  senators  in 
the  next  general  assembly  of  this  state,  to  wit : 


Names. 


Number  of  votes,  in  words 
at  full  length. 


Duplicate  list  of  votes  for  senators. 

Certified  by  A.  B.  presiding  officer. 
Of  the  votes  for  governor,   as  follows,  to  wit : — At  a  For  governor 

meeting  of  the  electors  in  the  town  of legally 

warned  and  held,  on  the  first  Monday  of  April,  A.  D. 

the  following  persons  received  the  number  of  votes 

annexed  to  their  names  respectively,  for  governor  of  this 
state,  to  wit : 


Names. 


Number  of  votes,  in  words 
at  full  length. 


Duplicate  list  of  votes  for  governor. 

Certified  by  A.  B.  presiding  officer. 


134 


Title  27.     Election. 


For  Hentenant-  Of  the  votes  for  lieutenant-governor  as  follows,  to  wit : — 
3r' '        At  a  meeting  of  the  electors  in  the  town  of le- 
gally warned  and  held,  on  the  first  Monday  of  April,  A.  D. 

the  following  persons  received  the  number  of  votes, 

annexed  to  their  names  respectively,  for  lieutenant-gov  J 
ernor  of  this  state,  to  wit : 

Names.  Number  of  votes,  in  words 

at  full  length. 


Duplicate  list  of  votes  for  lieutenant-governor. 

Certified  by  A.  B.  presiding  officer. 

For  treasurer.    Of  the  votes  for  treasurer,  as   follows,  to  wit : — At  a 

legally 


meeting  of  the  electors  in  the  town  of 

warned  and  held,  on  the  first  Monday  of  April,  A~.  D. 

the  following  persons  received  the  number  of  votes 

annexed  to  their  names  respectively,  for  treasurer  of  this 
state,  to  wit : 


Names. 


Number  of  votes,  in  words 
at  full  length. 


Duplicate  list  of  votes  for  treasurer. 

Certified  by  A.  B.  presiding  officer. 

For  secretary.  Of  the  votes  for  secretary,  as  follows,  to  wit: — At  a  meet- 
ing of  the  electors  in  the  town  of legally  warn- 
ed and  held,  on  the  first  Monday  of  April,  A.  D. 

the  following  persons  received  the  number  of  votes  an- 
nexed to  their  names  respectively,  for  secretary  of  this 
state,  to  wit : 


Names. 


Number  of  votes,  in  words 
at  full  length. 


Duplicate  list  of  votes  for  secretary. 

Certified  by  A.  B.  presiding  officer. 

Number  of  SECT.  8.    The   presiding  officers,  in  making  out  said 

BerteVin  wolds  certined  lists>  sna11  insert  the  number  of  votes  for  each 
at  full  length,     person  voted  for,  in  words  at  full  length. 


Form  of 


super        SECT.  9.  The  superscription  on  each  of  said  certified 
.  ^     listSj  to  be  returned  to  the  secretary  of  this  state,  shall  be 
as  follows,  to  wit  s 


Title  27.     Election.  135 

To  the  secretary  of  this  state. 

Votes  of  the  electors  in  the  town  of for 

(here  insert  the  office,)  taken  and  sealed  up  by 

A.  B.   presiding  officer.        Secretary  to 

SECT.  10.  The  secretary  of  this  state,  for  the  time  he-  distribute  blank 
ing,  shall  annually  transmit  blank  forms  for  the  return  of 
votes  to  the  town  clerks  of  the  various  towns  in  this  state, 
for  the  use  of  said  towns.  duT^vothT  "*" 

SECT.  11.  If  any  person,  who  is  not  an  elector,  duly  uyv 
admitted  and  sworn,  shall  give  in  a  vote,  in  the  election 
of  any  of  the  members  of  the  general  assembly,  or  if  any 
•elector  shall  put  in  more  than  one  vote  for  one  person,  at 
the  same  time,  to  one  office  ;  or  shall  put  in  more  than 
one  vote,  at  one  and  the  same  balloting,  for  a  representa- 
tive to  the  general  assembly  ;  he  shall  pay  a  fine  of  sev- 
enteen dollars,  to  the  treasury  of  the  state.  Undue  influ- 

SEI;T.  12.  If  any  person  shall  endeavor,  unduly,  to  per-  6$f 
suade  or  influence  an  elector,  in  giving  his  vote  or  suf- 
frage, for  any  member  of  the  legislature,  or  for  any  per- 
son to  be  elected  to  an  office,  at  an  elector's  meeting,  by 
offering  him  a  written  vote  or  votes,  for  that  purpose,  Penalty.' 
without  being  first  thereto  requested,  he  shall  forfeit  seven 
dollars,  to  the  treasury  of  the  town.  Bribery  at  elec- 

SECT.  13.  No  person  shall  offer,  accept  or  receive  any  tlons  Punished- 
money,  or  other  thing,  by  way  of  gift,  fee  or  reward,  for 
giving,  or  refusing  to  give,  a  vote  or  suffrage  for  electing 
members  of  the  general  assembly,  or  any  officer  chosen 
at  an  elector's  meeting  ;  nor  promise,  procure,  or  in  any 
way,  confer  any  gratuity,  reward,  or  preferment,  for  any 
vote  given,  or  to  be  given,  in  any  election  ;  and  every  Penalty, 
person,  so  offending,  shall  forfeit  the  sum  of  seventeen 
dollars,  one  half  to  him  who  shall  prosecute  to  effect,  and 
the  other  half  to  the  treasury  of  the  town  where  the  of- 
fence is  committed  :  and  every  person  who  shall  be  con-  Second  of- 
victed  a  second  time,  of  the  like  offence,  shall  be  disfran- 
chised.  Elections,    ob- 

SECT.  14.  Every  person,  elected  by  means  of  any  ille-  g 
gal  practice,  as  aforesaid,  shall  be  incapable  of  holding  a  void, 
seat  in  the  general  assembly,  unless  he  can  shew,  to  the 
satisfaction  of  the  general  assembly,  that  he  was  not,  di-  What  act3  slialj 
rectly,  or  indirectly,  concerned  in  it.     And  if  any  person,  amount  to  unr 
who  is  elected  a  representative  of  any  town,  shall,  by  due  iafluecce. 
himself,  or  any  other  person,  offer  or  distribute,  gratuit- 
ously, among  the  electors,  any  spiritous  liquors,  on  the 
day  of  their  meeting  for  the  choice  of  representatives, 
either  before  or  after  he  shall  be  chosen ;  or  shall,  on  any 
previous  day,  entertain  the  electors,  in  like  manner,  with 
the  evident  intent  to  procure  the  votes  of  said  electors  ; 
he  shall  be  considered  as  guilty  of  undue  influence,  and 


136  Title  27.     Election. 

illegal  practice,  within  the  meaning  of  this  act,  and  forfeit 
his  seat  in  the  house  of  representatives. 

Disturbance  SECT.  15.  If  any  person  or  persons  shall,  in  any  elec- 

tor's meeting,  by  noise,  tumult,  quarrelling,  or  by  any  un- 
lawful act,  disturb  such  meeting  ;  or  shall  vilify  or  abuse 
the  presiding  officer,  or  interrupt  him  in  the  discharge  of 
his  duty ;  or,  after  he  has  commanded  silence,  shall 
speak,  to  the  disturbance  of  the  business  of  such  meeting; 
every  person,  so  offending,  shall  pay  a  fine  not  less  than 

Penalty.  one  dollar,  nor  exceeding  seven  dollars,  to  the  treasury 

of  the  town,  according  to  the  nature  of  the  offence,  to  be 
heard  and  determined  by  a  justice  of  the  peace  ;  and  if 
such  offence  be  aggravated,  by  any  high-handed  violence, 
or  breach  of  the  peace,  such  justice  of  the  peace  shall 

Binding  over.  fcm(i  the  offender  or  offenders,  to  the  next  county  court, 
to  answer  for  such  offence  ;  which  court  may  impose  a 

Fine.  fine,  according  to  the  aggravation  of  the  offence,  not  ex- 

ceeding thirty-four  dollars,  to  the  treasury  of  the  county. 

Duty  of  inform-  And  it  shall  be  the  duty  of  all  informing  officers,  to  en- 
quire after,  and  make  due  presentment  of  all  breaches  of 
this  act. 

Mode  of  voting.  SECT.  16.  The  select-men  of  the  several  towns  shall 
procure,  for  the  use  of  the  electors,  at  their  meetings,  a 
ballot-box,  with  an  aperture  in  the  lid  thereof,  for  the 
purpose  of  receiving  the  votes  of  the  electors,  in  all  ca- 
ses in  which  they  are  required  by  law  to  give  in  their 
ballots  ;  which  box  the  presiding  officer,  at  any  electors7 
meeting,  when  it  shall  be  needed,  shajl  place  before  him. 
in  a  situation  convenient  for  the  electors  to  have  access 
to  :  and  whenever  the  electors  shall  be  called  upon  to 
give  in  their  votes,  for  any  officer  or  officers,  with  his  or 
their  names  fairly  written,  they  shall,  under  the  direction 
of  the  presiding  officer,  proceed,  in  regular  succession, 
and  shall  lay  their  ballots,  successively,  on  the  lid  of  said 
box  ;  and  the  presiding  officer,  being  satisfied  that  the 
ballots  given  in,  are  single,  shall  put  them  into  the  box 
through  said  aperture  ;  and  the  votes  so  taken,  shall  be 
disposed  of  as  the  case  may  require,  and  as  the  law  di- 
rects. 

Civil  authority      SECT.  17.  It  shall  be  the  duty  of  the  civil  authority, 

\o  assist  presid-  present  in  any  electors'  meeting,  to  assist  the  presiding  of- 

inc  olnctr  .  • 

ficerin  the  business  of  the  meeting,  in  the  receiving,  en- 
tering, and  disposing  of  the  votes,  and  making  out  the 
proper  certificates,  according  to  law. 


Title  27.     Election.  137 


CHAP.  II. 

An  Act  regulating  the  election  of  Senators  and 
Representatives,  for  this  State, in  the  Congress 
of  the.  United  States. 

1     T3  E  it  enacted  by  the  Senate  and  House  of  Rep- 
fj  resentatives  in  General  Assembly  convened, 
That  whenever  any   vacancy  shall  happen  in  the  repre-  Vacancy  in 

sentation  of  this  state,  in  the  senate  of  the  United  States,  fe"a'f  °f  "Bi- 
1,1  ,  •          f  .,  ~  .  ,,  7  (ed  States,  now 

by  the  expiration  of  the  term  of  service  of  a  senator  or  fined. 

by  resignation  or  otherwise,  the  general  assembly,  if  then 
in  session,  shall,  by  a  concurrent  vote  of  the. senate  and 
house  of  representatives,  proceed  to  fill  said  vacancy,  by 
a  new  election  ;  and  in  case  such  vacancy  shall  happen  Vacancy  dur- 
in  the  recess  of  the  general  assembly,  the  governor  shall  K]fe|jecess' how 
appoint  some  person  to  fill  the  same,  until  the  then  next 
•^    meeting  of  the  general  assembly. 

SECT.  2.  The  electors  of  the  several  towns  in  this  state,  Election  of  reji- 
at  the  meetings  of  the  electors,  on  the  first  Monday  in  ™ne£!J£ves  in 
April,  of  every  second  year  after  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  twenty-one,  immediately 
after  giving  in  their  votes  for  secretary,  shall  be  called 
upon,  by  the  presiding  officer,  to  bring  in  their  ballots 
for  six  persons,  to  represent  this  state,  in  the  congress 
of  the  United  States ;  and  each  elector  present,  may 
thereupon  deliver  his  vote  or  suffrage  to  the  presiding 
officer,  for  a  number  of  persons,  not  exceeding  six, 
whom  he  would  choose  to  represent  this  state,  in  the  con- 
gress of  the  United  States,  with  the  names  fairly  written 
on  one  piece  of  paper  :  the  presiding  officer,  assisted  by 
the  town-clerk  and  select-men,  shall  count  the  votes,  and 
declare  them  in  the  public  meetings  of  the  electors :  he 
shall-  also  make  out,  and  certify,  duplicate  lists  of  the  ^ists  °f  votes-, 
persons  voted  for,  and  of  the  number  of  votes  given  for 
each  person ;  one  of  which  lists  shall  be  delivered  to  the 
town-clerk,  of  the  town  in  which  such  votes  shall  be  given, 
within  three  days  after  said  meetings  ;  and  the  other 
shall  be  delivered,  within  ten  days  after  said  meetings, 
under  seal,  either  to  the  secretary,  or  to  the  sheriff  of  the 
county  in  which  said  town  is  situate,  which  list  sJiall  be 
directed  to  the  secretary,  with  a  superscription  expres- 
sing the  purport  of  the  contents  thereof.  And  each 
sheriff  who  shall  receive  such  votes,  shall,  within  fifteen 
days  after  said  meetings,  deliver  them,  or  gause  them  to 
be  delivered,  to  the  secretary. 

20 


138 


Title  27.     Election. 


Canvass  of 
votes. 


Report    to  the 
eneral  assem- 


Vacancy  how 
filled.   ' 


Wit  of    elec- 
«ion. 


Meeting  of  the 
electors. 


Presiding  offi- 
cer. 


His  duty. 


Canvass  of 
votes. 


SECT.  3.  The  treasurer,  secretary  and  comptroller  tor 
the  time  being,  shall  canvass  publicly,  within  the  month  of 
April,  1821,  and  once  in  two  years  thereafter,  the  votes 
returned  to  the  secretary,  as  aforesaid :  the  six  per- 
sons having  the  greatest  numbers  of  votes  for  representa- 
tives in  the  congress  of  the  United  States,  shall  be  de- 
clared to  be  elected.  The  original  returns  of  votes,  and 
the  result  of  the  canvass,  shall  be  submitted  to  the  gener- 
al assembly,  on  the  eighth  day  of  their  session,  then  next 
following. 

SECT.  4.  When  any  vacancy  shall  happen  in  the  rep- 
resentation of  the  people  of  this  state,  in  the  congress  of 
the  United  States,  the  person  administering  the  office  of 
governor  shall  make  out  writs  of  election,  under  his  hand, 
directed  to  either  constable  of  the  respective  towns   in 
this  state,  ordering  a  choice  to  fill  such  vacancy,  and  cause 
them  to  be  conveyed  to  the   sheriffs  of  the  respective 
counties,  who  shall  forthwith  transmit  said  writs  of  elec- 
tion to  the  constables  of  the  respective  towns,  according 
to  their  several  directions;  and  the  constables  aforesaid, 
on  receiving  the  same,  shall  warn  a  meeting  of  the  elec- 
tors, on  the  day  directed  in  said  writs,  which  day  shall  be 
the  same  throughout  this  state.     And  the  electors  having 
assembled,  pursuant  to  said  warnings,  a  presiding  officer 
of  each  meeting  shall  be  designated,  in  the  same  manner 
as  is  by  law  provided   for  the  appointment  of  presiding 
officers  of  the  annual  meetings  of  the  electors  in  April^ 
And  each  elector  present  at  such  meetings,  may  give  in 
his  vote  for  one  or  more  person  or  persons,  as  may  be 
required  to  fill  such  vacancy,  his  or  their  name  or  names 
being  fairly  written  on  one  piece  of  paper ;  and  the  presi- 
ding officer  shall  receive  such  votes,  and  with  the  assist- 
ance of  the  town-clerk  and  select-men,  count  and  declare 
the  same  to  the  public  meetings  of  the  electors  ;  he  shall 
also  make  out  and  certify  duplicate  lists  of  the  persons 
voted  for,  and  one  of  the  number  of  votes  given  for  each, 
One  of  each  lists  shall,  within  three  days  after  said  meet- 
ings, be  delivered  to  the  town-clerk  of  the  town  in  which 
such  votes  shall  be  given,  and  the  other  shall  be  certified, 
sealed  up  and  directed  to  the  secretary,  and  shall,  by  the 
presiding  officer,  be  returned  to  the  sheriff  of  the  county 
in  which  such  votes  shall  be  given,  or  to  the  secretary,  in 
the  same  way  and  manner,  and  within  the  same  time,  as  is 
provided  for  the  return  of  duplicate  lists  of  votes,  by  the 
second  section  of  this  act. 

SECT.  5.  The  treasurer,  secretary  and  comptroller, 
shall  within  thirty  days  after  the  meetings  last  aforesaid, 
count  and  declare  the  votes  so  given  and  returned  as 
aforesaid,  in  the  same  way  as  is  provided  for  counting  and 


Title  27.     Election.  139 

declaring  the  votes  given  for  persons  to  represent  this 
state  in  the  congress  of  the  United  States,  by  the  third 
section  of  this  act;  and  the  person  or  persons  (as  may 
be  required  to  fill  said  vacancy)  who  shall  have  the  great- 
est number  of  votes,  shall  bedeclared  to  be  duly  elected. 
The  original  return  of  the  votes  given  and  returned  as 
aforesaid,  and  the  canvass,  shall,  within  ten  days  after 
such  result  is  known,  be,  by  the  secretary,  submitted  to 
the  governor. 

SECT.  6.  It  shall  be  the  duty  of  the  secretary  to  give  N.olice    to   be 
,.  ,,  ,  J  given    to    per- 

notice  to  all  persons,  chosen  senators  and  representa-  g0ns  cbosen. 

tives,  for  this  state,  in  the  congress  of  the  United  States, 

in  either  manner  aforesaid,  within  ten  days  after  their 

election  is  legally  ascertained  and  declared  ;  and  unless  Persons  notifi- 

the  persons  so  notified  by   the   secretary,  shall  signify  *ld>.  to   S|g"lfy 

their  acceptance  or  refusal  in  writing,  to  the  governor,  ance  or  refusal 

within  twenty  days  after  receiving  notice  of  such  choice,  within  20  days. 

they  shall  be  considered  as  refusing  the  same. 

SECT.  7.  The  presiding  officers  in  the  meetings  of  the  ^ertjficates  °f 
electors  in  the  respective  towns,  shall  make  out  the  cer- 
tificates of  the  votes  and  proceedings  of  the  electors, 
in  the  election  of  persons  to  represent  this  state  in  the 
congress  of  the  United  States,  according  to  the  forms 
hereafter  prescribed,  to  wit : 

At  a  meeting  of  the  electors  in  the  town  of Form  for  rep 

^i      f     A  -nx       i          f    i      -i    resentatives  10. 
legally  warned  and  held,  on  the  first  Monday  of  April,  congress. 

A.  D. the  following  persons  received  the  number  of 

votes  annexed  to  their  names  respectively,  for  represen- 
tatives of  the  people  of  this  state,  in  the  congress  of  the 
United  States,  to  wit : 


Names. 


Number  of  votes  in  words 
at  full  length. 


Duplicate  list  of  votes  for  representatives,  in  the  con- 
gress of  the  United  States. 

Certified  by  A.  B.  presiding  officer. 

And  of  the  votes  for  a  representative  or  representa-  In  case  of  \vr. 
tives  in  congress,  pursuant  to  a  special  writ  of  election.  ofe!ectlon 
issued  by  the  governor,  as  follows,  to  wit : 

At  a  meeting  of  the  electors  in  the  town  of 

legally  warned  and  held,  pursuant  to   a  special  writ  of 

election,  on  the day  of A.  D. 

the  following  persons  received  the  number  of  votes  an- 
nexed to  their  names  respectively,  to  be  a  representative 


MO  Title  28.     Electors. 

of  the  people  of  this  state  in  the  congress  of  the  United 
States,  to  wit : 

Names.  Number  of  votes  in  words 

at  full  length. 


Duplicate  list  oi  votes  for  a  representative  (or  repre- 
sentatives, as  the  case  may  be)  in  the  congress  of  the 
United  States. 

Certified  by  A.  B.  presiding  officer. 

Number  of  SECT.  8.  The  presiding  officers,  in  making  out  said 

It  full  length*1  '  certified  lists,  shall  insert  the  number  of  votes  for  each 
person  voted  for,  in  words  at  full  length  ;  and  the  super- 
scription on  each  of  said  certified  lists,  to  be  returned  to 
the  secretary  of  this  state,  shall  be  as  follows,  to  wit: 
To  the  secretary  of  this  state. 

Form  of  super-       Votes  of  the  electors  in  the  town  of for  rep- 

resentatives  (or  a  representative,  as  the  case  may  be)  of 
the  people  of  this  state,  in  the  congress  of  the  United 
States,  taken  and  sealed  up,  by  A.  B.  presiding  officer. 


TITLE  28.    Electors. 

An  Act  relative  to  the  admission  of  Electors. 

.     ••  1 E  it  enacted  by  the  Senate  and  House  of  Rep- 
Town-clerk  •  JJ  resentatives,  in  General  Assembly  convened, 

authorieed  "to*1  That  the  town-clerk,  and  select-men,  of  each  town  in 
meet  on  Thurs-  this  state,  are  hereby  authorized  (if  they  deem  it  expe- 
day  next  pfece-  dient  and  necessary)  to  meet  at  the   place  of  choosing 
dajMj/ApriCto  representatives  and  state  officers  in  the  general  assembly, 
decide  upon      on  the  Thursday  next  preceding  the  first  Monday  of  April, 
qualifications  of  m  each  year,  at  nine  o'clock  in  the  morning  of  said  day, 
propos          t-  £or  t^e  purp0se  Of  examining  and  deciding  upon  all  ap- 
plications to  be  admitted  to  the  privileges  of  electors. 
Notice  of  such       SECT.  2.  In  all   such  cases,  it  shall  be  the  duty  of  the 
meetings  how   town-clerk  and  select-men,  to  cause  notice  of  such  meet- 
ings to  be  given  to  the  inhabitants  of  the  town  where  such 
meetings  are  held,  by  posting  such  notice  on  the  public 
sign-posts  in  said  town,  or  by  publishing  the  same  in  some 
public  newspaper  printed  in  such   town,  which  notice 
shall  be  given  at  least  five  days  previous  to  such  meet- 
ings. 

town-cferk  and      SECT«  3.  The  town-clerk  and  select-men  of  the  sever- 
wlect«raen  <m  al  towns  in  this  state,  shall  meet  together  on  the  first 


Title  28.      Electors.  141 

Monday  of  April,  in  each  year,  at  nine  of  the  clock  in  the  first  Monday  of 
morning  of  said  day,  at  the  place  of  holding  the  elections,  APnl> 
for  the  purpose  of  receiving,  examining,  and  declaring  on 
all  applications  to  be  admitted  to  the  privilege  of  elec- 
tors ;  and  it  shall  be  the  duty  of  the  select-men  and  town-  Their  duly  to 
clerk,  to  make  a  certified  list  in  writing,  of  all  such  per-  ^,a^eSC&rctlfied 
sons  as  are  judged  duly  qualified,  at  either  of  said  meet- 
ings ;  which  list  shall  be  delivered  to  the  town-clerk,  and  ^uch  llsts  evi". 
recorded  in  the  records  of  the  town,  and  shall  be  suffi-  ficatJon°  qUa 
cient  evidence  that  the  persons  contained  in  said  list,  re- 
spectively, possess  the  requisite  qualifications  for  electors 
of  this  State.  Persons  found 

T-,  f        j  vr.    j  /•  -j     qualified  to  be 

SECT.  4.  Every  person  found   qualified  as  aforesaid,  admitted  elec- 

upon  taking  the  oath  provided  for  electors,  shall  be  ad-  tors,  on  taking 
mitted  an  elector  of  this  state ;  and  the  names  of  all  such  the  oath> 
electors  admitted  and  sworn  as  aforesaid,  shall  be  enroll-  Their  nam<js  *• 
ed  by  the  town-clerk,  on  the  records  of  such  town. 

SECT.  5.  The  oath  provided  for  electors  may  be  ad- 
ministered at  either  of  said  meetings  of  the  town-clerk 
and  select-men,  by  any  person  authorized  to  administer 
oaths,  and  shall  be  as  follows,  to  wit : 

You,  A.  B.  do  solemnly  swear,  (or  affirm,  as  the  case  Form  of  oath, 
may  be,)  that  you  will  be  true  and  faithful  to  the  state  of 
Connecticut,  and  the  constitution  and  government  there- 
of, as  a  free  and  independent  state,  and  to  the  constitu- 
tion of  the  United  States  ;  and  whensoever  you  shall  be 
called  to  give  your  vote  or  suffrage,  touching  any  matter 
which  concerns  this  state,  or  the  United  States,  you  shall 
give  it  as  you  shall  judge  will  conduce  to  the  best  good 
of  the  same,  without  respect  of  persons,  or  favor  of  any 
man :  So  help  you  God. 

SECT.  6.  The  select-men  and  clerk  of  each  town  in  this 
state,  shall,  previous  to  entering  on  the  duty  of  examin- 
ers of  the  qualifications  of  electors,  take  the  following 
oath,  to  wit : 

You  do  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  Form  of  oath 
that  you  will  faithfully  discharge,  according  to  law,  the  jjr  ^JSSl?™ 
duties  of  the  office  of  examiners  of  the  qualifications  of  tions  of  elect- 
electors,  to  the  best  of  your  abilities  :  So  help  you  God.  ors. 

SECT.  7.  No  person,  who  claims  to  have  been  admit-  Electors  ad- 
ted  an  elector  in  any  other  town  in  this  state,  than  that  mitted  in  oth- 
in  which  he  shall  offer  to  vote,  shall  be  permitted  to  vote  J^duce'cMti- 
tberein,  in  the  choice  of  representatives,  until  he  shall  ficates  of  ad- 
produce,  to  the  presiding  officer,  in  electors'  meeting,  a  mission, 
certificate  from  the  town-clerk  of  the  town  in  which  he 
was  admitted,  of  such  his  admission  ;  and  no  person  ad- 
mitted as  an  elector  in  any  town  in  this  state,  shall  be 
permitted  to  vote  in  the  choice  of  representatives,  in  any  Resj,jence  j,e« 
other  town,  until  he  shall  have  statedly  resided  therein,  fore  voting-. 


J42  Titled.     Equity. 

four  months,  at  least,  next  before  the  time  when  he  shall 
offer  to  vote  therein. 


TITLE  29.     Equity. 
An  Act  regulating  proceedings  in  Equity. 


SECT.   1. 


Courts  of  equi- 
ty, how  to  pro- 
ceed. 


No  appeal. 

Suits  in  equity, 
how  to  be  serv- 
ed. 


Order  of  no- 
tice. 


Finding  of 
facts. 


Power  to  pass 
title  to  land. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened. 
That  the  several  courts  having  jurisdiction  of  suits 
hrought  for  relief  in  equity,  shall  have  power  to  proceed 
according  to  the  rules,  usage,  and  practice  in  courts  of 
equity ;  and  shall  take  cognizance  of  matters  only  in 
which  adequate  relief  cannot  be  had  in  the  ordinary 
course  of  law.  They  shall  keep  records  of  their  proceed- 
ings ;  and  shall  have  power  to  enforce  their  decrees,  by 
granting  execution  thereon  against  the  estate  or  person  of 
the  defendant,  or  in  any  other  manner  proper  for  a  court 
of  equity ;  and  no  appeal  shall  be  allowed  from  their 
sentences  or  decrees.  All  bills  or  petitions,  preferred  to 
a  court  of  equity,  shall  be  signed  by  the  party,  and  shall 
be  accompanied  with  a  summons,  signed  by  lawful  au- 
thority, notifying  the  defendant  or  respondent  to  appeal- 
before  the  court ;  and  shall  be  served,  by  some  proper 
officer,  on  the  defendant  or  respondent,  by  reading,  or 
by  leaving  a  true  and  attested  copy,  at  his  usual  place  of 
abode,  at  least  twelve  days  before  the  sitting  of  the  court. 
And  whenever  the  defendant  or  defendants,  named  in  the 
bill  or  petition,  shall  liv<£  out  of  the  state,  the  court  to 
whom  the  same  is  preferred,  and  has  cognizance  there- 
of, or  either  judge  of  such  court,  in  vacation,  shall  have 
power  to  make  such  orders,  relative  to  the  notice  which 
shall  be  given,  as  they  shall  deem  reasonable  ;  and  such 
notice  having  been  given,  pursuant  to  the  order  of  such 
courts  respectively,  in  the  mode  prescribed,  and  duly 
proved  to  such  courts,  the  same  shall  be  sufficient  ser- 
vice ;  and  the  court  may  proceed  to  a  hearing  thereof,  at 
the  first  term,  if  they  shall  judge  proper. 

SECT.  2.  It  shall  be  the  duty  of  courts  of  equity,  to 
cause  the  facts,  on  wrhich  they  found  their  decrees,  to  ap- 
pear on  the  record,  either  from  the  pleadings  or  decree. 
And  courts  of  equity  shall  have  power  to  pass  the  title  to 
real  estate,  by  decree,  without  any  act  to  be  done  on  the 
part  of  the  defendant  or  defendants,  when,  in  their  judg- 
ment, it  shall  be  the  proper  mode  to  carry  the  decree 
into  effect :  and  such  decree  having  been  recorded  in 
the  records  of  the  town  where  the  land  lies,  shall,  while 


Title  M.      Equity,  143 

in  force,  be  as  effectual  to  transfer  the  same,  as  the  deed 
of  the  defendant  or  defendants. 

SECT.  3.  When  any  minor  under  the  age  of  twenty-one  Guardian  au- 

years,  shall  be  interested  in  any  mortgaged,  or  other  real  tnorized  to  ex- 
J.  1-   u     •  •*  u  j    4.  ecute  convey, 

estate,  which,  in  equity,  ought  to  be   conveyed  to  any  ance  in  behalf 

other  person  or  persons,  and  such  conveyance  is  decreed  of  minor, 
md  ordered,  by  the  court  having  cognizance  of  the  same, 
ic  guardian  of  such  minor  is  hereby  authorised  and 
empowered  to  make  and  execute  such  conveyance,  in 
ichalf  of  such  minor;  which  conveyance,  so  made,  shall 
be  good  and  effectual  in  law.  And  the  said  court  shall 
have  power  to  enjoin  such  guardian  to  make  the  same, 
under  a  suitable  penalty. 

SECT.  4.  And  if  such  minor  have  no  guardian,  at  the  Court  author* 
time  of  bringing  such  suit,  the  said  court  is  hereby  author-  ™ 
ized  to  appoint  one  ;  and  the  guardian  so  appointed,  shall 
have  power  to  do  every  thing  in  behalf  of  such  minor, 
proper  for  his  defence  in  such  suit ;  and  for  carrying  the  Hls  powers 
decree  of  the  court  therein  into  effect. 

SECT.  5.  The  superior  court  of  this  state  shall  be,  and  SuPenor 
,  -         .  .     court  may  di- 

they  are  hereby  authorized,  as  a  court  ot  equity,  on  pen-  rect  the  taking 
tion  brought  before  them,  to  authorize  and  direct  the  tak-  of  depositions 
mg  of  depositions,   to  perpetuate  the  evidence  of  facts,  {gs^em^entyate 
where  no  suit  is  depending,  agreeably  to  the  rules  and 
usages  in  chancery  proceedings ;  which  depositions,  so  [Vid.  ante,  p. 
taken,  shall  be  available  in  any  court  of  law  or  equity  in  48,  s.  9.] 
this  state,  in  the  same  manner  as  depositions  taken  during 
the  pendency  of  a  suit. 

SECT.  6.  Either  of  the  judges  of  the  superior  court,  A  judge  of  the 
shall  have  power,  on  motion,  to  grant  and  enforce  writs  supe"or  court 
of  injunction,  according  to  the  course  of  proceedings  in  grant  wrjls  Of 
courts  of  equity,   in  all  cases  within  the  jurisdiction  of  injunction, 
the  superior  court,  arising  in  any  county  where  such 
court  shall  not  be  in  session.     And  all  writs  of  injunction 
shall  be  made  returnable  to  the  next  superior  court  in 
such  county,  which  court  may  proceed  therein  accord- 
ing to  the  course  of  proceedings  in  equity.      And  no 
writs  of  injunction  shall  be  issued,  unless  the  facts  stated  Facts  to  be 

in  the  application  shall  be  supported  by  the  oath  of  the  supported  by 

,.  •    T/T-  oath, 

applicant,  or  some  indifferent  witness. 

SECT.  7.  The  chief  judges  of  the  several  county  courts,  Chief  judge  of 
in  all  cases  within  the  jurisdiction  of  such  courts,  arising  authorizeTto 
in  the  counties  of  which  they  are  judges,  when  such  grant  writs  of 
courts  are  not  in  session,  shall  have  power  to  grant  and  injunction 
enforce  writs  of  injunction,  returnable  to  the  next  county 
court  in  such  county,  and  to  be  proceeded  with,  in  the 
same  manner,  and  on  the  same  principles,  as  in  cases  of 
writs  of  injunction,  issued  by  judges  of  the  superior  court. 


144 


Title  30.     Escheats. 


Writs  of  error.  SECT.  Si.  The  party  aggrieved,  may  bring  a  writ  of 
error  from  the  determination  of  the  county  court,  to  the 
superior  court,  and  from  the  determination  of,  the  supe- 
rior court,  to  the  supreme  court  of  errors,  in  all  cases, 
where  material  and  manifest  error  shall  appear  of  record, 
in  any  decree  passed  by  the  superior  or  county  court. 

New  trials.  And  courts  of  equity  shall  have  power  to  grant  new  trials 
for  new-discovered  evidence,  or  any  other  reasonable 
cause,  according  to  the  course  of  proceedings  in  equity. 

Amendments.  SECT.  9.  Courts  of  equity  may,  at  any  time,  permit 
the  parties  to  amen<J  any  defect,  mistake,  or  informality 
in  bills,  petitions  or  pleadings,  in  any  suit  pending  before 
them,  on  the  payment  of  lawful  costs  to  the  other  party, 
at  the  discretion  of  the  court  :  Provided,  that  the  plain- 
tiff may  amend  his  bill  within  the  three  first  days  of  the 
superior  court  to  which  it  is  returned,  without  costs  :  and 
in  all  cases  of  the  amendment  of  a  bill  or  petition,  the 
court  shall  grant  the  defendant  a  reasonable  time  to  make 
answer  thereto. 

SECT.  10.  When  the  plaintiff,  in  a  bill  in  equity,  shall 
require  of  the  defendant  a  discovery  on  oath,  respecting 
the  matters  charged  in  the  bill,  the  disclosure  by  the  de- 
fendant shall  not  be  deemed  conclusive,  but  may  be  dis- 
proved, or  contradicted,  like  any  other  testimony,  ac- 
cording to  the  practice  in  courts  of  equity.(l) 


Disclosure. 


(1)  According  to  the  former  practice,  the 
disclosure  of  the  defendant  on  oath,  when 
called  upon  by  the  plaintiff,  was  held  to  be 
conclusive,  and  could  not  be  questioned, 
1  Day)  156.  This  defeated  the  plaintiff  of 


any  benefit,  in  calling  on  the  defendant  for 
a  disclosure.  To  remedy  this  inconven- 
ience,  the  present  provision  was  introdiu 
ced. 


TITLE  30    Escheats. 

An  Act  relating  to  the  disposition  of  Escheats, 
and  other  property  belonging  to  the  state. 

..      IB  E  it  enacted  by  the  Senateand  House  of  Rep- 
J3  resentatives,  inGeneral  Assembly  com  ened^ 

When  no  own-  That  when  no  'owner  or  heir  of  any  estate,  real  or  per- 
rap"  sonal,  can  be  found,  the  same  shall  escheat,  and  belong 
to  the  state  ;  and  it  shall  be  the  duty  of  judges  of  pro- 
bate to  make  due  enquiry,  in  their  respective  districts, 
after  such  estate,  and  to  secure  the  same  in  the  hands  of 
an  administrator,  appointed  for  that  purpose,  and  to  give 
notice  to  the  treasurer  of  the  state,  who  is  hereby  impow- 
ered  to  receive  it  from  such  administrator,  and  to  dis- 
charge him  therefrom. 


pears,  estate 
to  escheat. 


Judge  of  pro- 
bate to  en- 
quire. 


Title  31.     Estates.  145 

CT.  2.  And  the  treasurer  shall  have  power  to  ap-  Treasurer  to 

point  agents  to  manage  and  take  care  of  all  property  that  f  PPoint  agents 

f  n'-f     f       J  .          to  take  care  of 

shall  escheat  to  the  state  ;  as  well  as  ol  all  lands  or  other  and  sell  pro- 
property,  to  which  the  state  has  or  may  become  legally  perty  escheat- 
entitled,  by  judgment  or  execution,  for  any  debt,  fine  or  ed; 
forfeiture,  or  in  any  other  way  whatever,  except  lands 
belonging  to  the  school  fund  :  and  such  agents  shall  have 
power  to  sell  and  dispose  of  such  property,  at  public  or 
private  sale,  or  on  credit,  on  such  terms  as  shall  be  ap- 
proved of  by  the  treasurer:  who  is  hereby  authorized  to 
xecute  any  deeds  or  conveyances,  proper  to  transfer  to  give  deeds : 
the  same  ;  which  shall  be  good  and  effectual :  and  the 
treasurer  shall  annually  render  an  account  to  the  general  and  render  an. 
assembly  of  his  proceedings,  and  credit  the  avails  of  the  count. 
-ales  to  the  state  :  Provided,  that  if  any  heir  or  owner  of 
such  estate  shall  appear,  he  shall  he  entitled  to  the  same, 
or  if  sold,  to  the  avail?  thereof,  after  deducting  the  m-- 
- 


TITLE  31.    Estate*. 
CRAP.  I. 

An  Act  for  the  settlement  of  Estates,  testate, 
intestate,  and  insolvent. 

JTBE  it  enacted  by  the  senate  and  House  of  Ren- 
SECT.  1.     §-%  y-    ri  ,  a          ,,         J        1j 

mJ   resentatives  in  Lreneral  Assembly  convened, 

That  all  persons  at  the  age  of  twenty-one  years,  and  of  ^'10  may.n 
sound  and  disposing  mind  and  memory,  shall  have  pow-  ma 
er  to  dispose  of  their  real  estate,  by  will  or  testament :  of  real  estate ; 
all  persons  of  the  age  of  seventeen  years,  and  of  sound 
and  disposing  mind  and  memory,  shall  have  power  to  dis-  Of  pers0nat 
pose  of  their  personal  estate,  by  will  or  testament ;  and  estate. 
married  women  shall  have  power  to  dispose  of  their  es- 
tate, both  real  and  personal,  by  will,  in  the  same  manner 
as  other  persons. 

SECT.  2.  That  all  wills  shall  be  in  writing,  and  sub-  wills  must  be 
scribed  by  the  testator  ;  and  no  devise  or  devises  of  real  in  writing, 
estate,  contained  in  any  will  or  codicil,  shall  be  held  good 
and  valid,  unless  such  will  or  codicil  shall  be  subscribed  How  witness- 
by  the  testator,  and  attested  by  three  witnesses,  all  of  ed 
them  subscribing  in  the  presence  of  the  testator. 

SECT.  3.  If  any  beneficial  devise,  legacy  or  interest  Devise  or  le- 
hath  been,  or  shall  be,  made  or  given,  in  any  will  or  co- 
dicil,   executed  after  the  first  day    of    January,  one 
thousand  eight  hundred  and  eight,  to  any  person  subscri- 

21 


-. 


146 


If  devise  or 
legatee  die  be- 
fore testator, 
estate  shall  go 
to  his  heirs. 


Birth  of  child 
revocation  of 
a  will. 


Actual  revoca- 
tion. 


Proof  out  of 
court. 


Title  31. 


. 

Estates, 


TExecutor  to 
prove  the  will, 
or  refuse  the 

4rust. 


bing  such  will  or  codicil,  as  a  witness  to  the  execution 
thereof,  such  devise,  legacy,  or  interest,  shall,  as  to  such 
subscribing  witness,  and  all  persons  claiming  under  him, 
be  null  and  void  ;  unless  such  will  or  codicil  be  other- 
wise duly  witnessed,  according  to  this  act  :  and  such  per- 
son shall  be  admitted  as  a  witness  to  such  will  or  codicil, 
in  the  same  manner,  as  if  such  devise,  legacy  or  interest 
had  not  been  given.  Provided  such  devise,  legacy,  or 
interest  be  not  made  to  an  heir  at  law  of  the  testator  : 
nor  shall  this  section  operate  as  to  wills  made  prior  to  the 
first  day  of  January,  one  thousand  eight  hundred  and 
eight. 

SECT.  4.  Whenever  a  devisee  or  legatee  in  any  last 
will  and  testament,  being  a  child  or  grand-child  of  the  tes- 
tator, shall  die  before  the  testator,  and  no  provision  shall 
be  made  for  such  contingency,  the  issue,  if  any  there  be, 
of  such  devisee  or  legatee,  shall  take  the  estate  devised 
or  bequeathed,  as  the  devisee  or  legatee  would  have  done, 
had  he  or  she  survived  the  testator  ;  and  if  there  be  no 
such  issue,  at  the  time  of  the  testator's  death,  the  estate 
disposed  of  by  such  devise  or  legacy,  shall  be  considered 
and  treated  as  intestate  estate. 

SECT.  5.  If  after  the  making  of  a  last  will  and  testament, 
a  child  be  born  to  the  testator,  and  no  provision  be  made 
in  such  will  for  such  a  contingency,  such  birth  shall  ope- 
rate as  a  revocation  of  such  last  will  and  testament. 

SECT.  6.  No  devise  of  real  estate  shall  be  revoked,  oth- 
erwise than  by  burning,  cancelling,  tearing,  or  obliterating 
the  same,  by  the  testator  himself,  or  in  his  presence,  by 
his  direction  and  consent  ;  or  by  some  other  will  or  co- 
dicil in  writing,  declaring  the  same,  signed  by  the  testa- 
tor, in  the  presence  of  three  or  more  witnesses,  and  by 
them  attested  in  his  presence. 

SECT.  7.  All  executors  of  wills  within  this  state,  shall 
have  liberty  to  have  the  Avitnesses  to  such  wills  examined 
and  sworn,  in  usual  form,  before  a  justice  of  the  peace, 
who  shall  enter  the  oath  of  the  witnesses  on  the  back  of 
the  will,  and  attest  the  same  :  and  the  oath  of  witnesses, 
so  taken,  shall  be  accepted  by  the  court  of  probate,  as  if 
they  had  been  taken  before  said  court. 

SECT.  8.  It  shall  be  the  duty  of  the  executor  or  execu- 
tors, of  the  last  will  and  testament  of  any  person  deceased, 
knowing  of  his  or  their  being  so  named  and  appointed, 
within  thirty  days  next  after  the  decease  of  the  testator, 
to  cause  such  will  to  be  proved  and  recorded  in  the  of- 
fice of  the  court  of  probate  of  that  district,  where  the  de- 
ceased person  last  dwelt  ;  or  to  present  said  will,  and 
declare  his  or  her  refusal  to  accept  of  the  executorship  : 
and  every  executor,  so  neglecting  his  trust  ajid  duty, 


» 
A  . 

Title  31.     Estates.  >-+         .         147 

without  just  excuse  for  such  delay,  to  the  satisfaction  of 
the  judge  of  probate,  shall  forfeit  the  sum  of  seventeen  penalty  for 
dollars  per  month,  from  and  after  the  expiration  of  the  neglect, 
said  thirty  days,  until  he  shall  cause-  probate  of  said  will, 
or  present  the  same  as  aforesaid,  one  half  to  him  who 
shall  sue  for  and  prosecute  the  same  to  effect,  and  the 
other  half,  to  the  treasury  of  the  town  where  the  deceas- 
ed last  dwelt. 

SECT.  9.  And  upon  the  refusal  of  the  executor  or  ex-  On   refusal   ot 
ecutors,  or  on  his  or  their  refusal  to  give  bond  with  sure-  Jj*  JlSistra- 
ty,  fora  faithful  discharge  of  his  or  their  trust,  the  court  tor  to  be  ap- 
of'pr°bate  shall  commit  the  administration  of  the  estate  pointed, 
of  the  deceased,   with  the  will  annexed,  unto  the  wid- 
ow,  or  next  of  kin,  of  the  deceased  ;  and  may   cause  appjjj™ed.  C 
a  citation  to  be  made  out  to  them  to  appear  before  him  ; 
and  upon  their  refusal,  neglect  of  appearance,  or  inca- 
pacity, may  grant  such  administration  to  one,  or  more,  of 
the  principal  creditors  ;  or,  on  their  refusal,  to  such  oth- 
er person  as  the  court  shall  think  fit.     And  where  the 
testator  lived  out  of  the  state,  the  will  shall  be  proved  in 
the  district,  in  which  the  estate  is. 

SECT.  10.  When  any  person  dies  intestate,  the  court  within  what 
of  probate,  in  the  district  in   which    the  deceased  last  P;°nb^f0r;ct 
dwelt,  shall  grant  administration  of  his  estate  to  the  wid-  shall  be  ap_ 
ow,  or  next  of  kin,  of  the  intestate,  or  to  both  ;  or  on  their  pointed, 
refusal  or  incapacity,  to  some  other  person,  as  the  court 
of  probate  shall  judge  fit.     If  any  creditoror  heir  to  any 
estate,  shall  obiect  to  the  appointment   of  the  widoAv,  or 
next  of  kin,  as  administrator  or  administratrix,  on   such 
estate,  the  judge  of  probate  may  appoint  any  other  person 
whom  he  shall  deem  proper.     And  where  a  person,  liv- 
ipg  out  of  the  state,  dies  intestate,  leaving  property  with- 
in the  state,  administration  shall  be  granted  of  his  estate, 
within  the  district  where  the  estate  is,  to  such  person  as 
the  court  think  fit. 

SECT.  11.  Every  court  of  probate,  upon  granting  ad-  Bondtobetak- 
ministration   upon  the  estate  of  any  deceased  person,  en- 
shall  take  a  bond,  with  sufficient  surety  or  sureties,  to  the 
judge  of  said  court,  and  his  successors  in  that  office,  with 
this  condition,  to  wit :  The  condition  of  this  obligation 
is  such,  that  if  the  above  bounden  A.  B.,  administrator  Form  of  bond, 
of  all  and  singular  of  the  goods,  chattels,   credits,  and 
estate  of  C.  D.,  deceased,  do  make,  or  cause  to  be  made, 
a  true  and  perfect   inventory  of  all  the  goods,  chattels,  J*  J^™ 
credits,  and  estate  of  the  said   deceased,  which  have  or 
ehall  come  to  the  hands,  possession  or  knowledge  of  the 
sairf  A.  B.,  or  into  the  hands  or  possession  of  any  other 
person  for  him,  and  the  same,  so  made,  do  exhibit,  or  2d  To  exhibit 
cause  to  be  exhibited,  into  the  registry  of  the  court  the  same  to 


*•      * 


148  Title  31.     Estates. 

*k  i 

court  of  pro-  of  probate  in  the  district  of  at  or  be- 

bate,m  iue  forc  the  day  of  next  ensuing;  and 

the  same  goods,  chattels,  credits,  and  estate,  of  the  said 
3d.  To  account  deceased,  at  the  time  of  his  death,  which,  at  any  time  af- 
for  all  estate  ter,  shall  come  into  the  hands  or  possession  of  the  said  A. 
come'tobi*3  l<!r  ^v  or  mto  ^ie  hands  or  possession  of  any  other  person  or 
possession.  persons  for  him,  do  well  and  truly  administer  according  to 

law  :  And  further  do  make  or  cause  to  be  made,  a  true 

4th.  To  make  an(j  \us^  account  of  his  said  administration,  at  or  before 
and  render  a  ,,  f  ,,  ,, 

true  account  of tne.  dav  °*  and  all  the  rest  and 

his  administra-  residue  of  the  said  goods,  chattels,  credits  and  estate, 
tlon-  which  shall  be  found  remaining  upon  the  said  administra- 

tor's account,  the  same  first  being  examined  and  allowed, 
by.the  said  court  of  probate,  shall  deliver  and  pay  unto 
such  person  or  persons  respectively,  as  the  said  court  of 
probate,  by  his  decree  or  sentence,  pursuant  to  the  true 
intent  and  meaning  of  the  law,  shall  appoint.  And  if  it 
shall  hereafter  appear,  that  any  last  will  and  testament, 
was  made  by  the  deceased,  and  the  executor  or  executors 
therein  named,  do  exhibit  the  same  into  said  court, 
making  a  request  to  have  it  allowed  and  approved,  ac- 
cordingly ;  if  the  said  A.  B.,  being  thereunto  required, 
do  render  and  deliver  the  said  letters  of  administration, 
(approbation  of  such  will  or  testament  being  first  had 
and  obtained)  in  the  said  court  ;  then  this  obligation  to 
be  void,  and  of  no  effect ;  or  else  to  remain  in  full  force 
and  virtue.  And  executors  shall  become  bound  in  the 
same  manner,  mutatis  mutandis. 

Appointment  SECT.  12.  When  any  testator,  in  his  last  will  and  tes- 
courTof  6prob-y  tament>  ^as  appointed,  or  shall  appoint,  any  trustee  or 
bate.  trustees,  to  execute  a  trust  created  by  such  will  ;  and  has 

not  provided  for  the  contingency  of  the  death,  incapaci- 
$z~J*. in*v'  or  refusal  of  such  trustee  or  trustees  to  accept,  or exe- 
-•jjymte  the  trust ;  the  court  of  probate  having  the  probate 
of  such  will,  shall  have  power,  in  such  cases,  to  appoint 
some  suitable  person  or  persons  to  execute  such  trust, 
according  to  the  will ;  taking  from  them  good  and  suffi- 
cient bonds,  with  surety,  conditioned  for  a  faithful  per- 
formance thereof. 

Inventory.  SECT.  13.  The  executor  or  executors,  appointed  by 

the  testator  in  his  last  will  and  testament,  and  adminis- 
trators to  whom  the  administration  of  the  estates  of  per- 
sons deceased  shall  be  committed,  shall,  with  the  assist- 
»  ance  of  two  or  more  judicious,  disinterested  freeholders, 

under  oath,  and  appointed  by  the  court  of  probate,  make, 
or  cause  to  be  made,  a  true  and  perfect  inventory  and  ap- 
praisement of  all  the  estate  of  the  persons  deceased,  both 
real  and  personal,  according  to  its  value  ;  and  also,  a  list 
of  all  his  credits  and  choses  in  action,  as  far  as  may  be, 


Title  31.     Estates. 

and  shall  cause  duplicates  to  be  made  of  such  inventory, 
me  of  which  shall  be  sworn  to,  by  <uch  executor  or  ad- 
linistrator.  before  the  judge  of  the  court  of  probate, 

lere  the  will  was  proved  or  administration  granted,  and 
deposited  with  said  court,  and  the  other  shall  remain 
with  the  executor  or  administrator. 

SECT.  14.  If  any  creditor,  legatee,  or  other  person,  New  appraise 
shall  be  aggrieved,  by  such  appraisement,  he  may  have  m 
relief,  by  application  to  such  court  of  probate ;  which 
court  is  empowered  and  required  to  appoint  three  good 
and  lawful  men  of  the  neighborhood,  who,  being  duly 
sworn,  shall  make  a  new  appraisement  of  such  estate,  at 
the  true  value,  according  to  their  best  judgment  :  And 
the  executor  or  administrator,  shall  be  accountable  for 
the  estate,  according  to  such  appraisement,  or  the  same 
shall  be  sold,  by  the  order  of  the  court  of  probate  :  Pro- 
vided, that  such  applications  shall  be  made  to  such  court 
within  six  months  after  the  inventory  of  such  estate  shall 
have  been  exhibited  to  said  court. 

SECT.  15.  If  the  executor  or  executors  of  any  last  will  Penalty, for  not 
or  testament,  proved  in  any  court  of  probate,  or  the  ad-  ™^%  an  in~ 
ministrator  or  administrators  of  any  intestate  estate,  shall 
not,  within  two  months,  next  after  the  probate  of  such 
will,  or  granting  letters  of  administration  on  such  estate, 
cause  such  inventory  to  be  made  as  aforesaid,  and  exhib- 
ited to  the  court  of  probate,  where  the  will  was  proved 
and  recorded,  or  administration  granted,  he  or  the)  shall 
forfeit  the  sum  of  seventeen  dollars  per  month,  from  and 
after  the  said  expiration  of  two  months,  until  he  or  they 
shall  cause  an  inventory  to  be  made  of  such  estate,  and 
exhibited  to  the  court  of  probate  as  aforesaid  ;  unless  he 
can  make  a  just  excuse  for  such  delay,  satisfactory  to  said 
judge  of  probate  :  which  forfeiture,  as  well  as  that  for 
not  causing  the  will  to  be  proved,  shsll  belong,  one  half 
to  the  town  where  the  deceased  last  dwelt,  and  the  other 
half  to  him  who  shall  bring  a  proper  action  therefor,  and 
prosecute  the  same  to  effect,  in  the  county  where  the  de- 
ceased last  dwelt. 

SECT.  16.  If  any  person  or  persons  shall  sell  or  em-  Personsembez- 
bezzle  any  of  the  goods  or  chattels  of  any  person  deceas-  ^fe  33  exe^u- 
ed,  before  he  or  they  have  taken  out  administration,  and  tors  in  their 
exhibited  a  true  inventory  of  all  the  known  estate,  he  or  own  wrong, 
they  shall  stand  chargeable,  and  be  liable  to  the  actions 
of  the  creditors,  and  other  persons  aggrieved,  as  being 
executors  in  their  own  wrong. 

SECT.  17.  If  any  person  or  persons  shall  have  in  his  or  Ho^ to  Pr°- 
their  custody  and  possession,  any  goods  or  chattels   be-  ^se  ^""con. 
longing  to  the  estate  of  any  deceased  person,  on  any  bills,  ceal  the  estate, 
bonds,  notes,  accounts,  or  any  thing,  that  may  tend  to 


1/>0  Title  31.     Estates. 

(• 

disclose  such  estate,  and  on  demand  of  the  same,  by  the 
executor  or  administrator,  shall  refuse  to  deliver  them, 
or  to  give  any  satisfactory  account,  to  the  executor  or 
administrator,  it  shall  be  lawful  for  any  justice  of  the 
peace,  on  the  complaint  of  such  executor,  or  administra^ 
tor,  to  issue  his  warrant,  and  cause  such  offender  to  be 
apprehended  and  brought  before  him,  and  may  bind  him, 
with  sufficient  surety,  to  appear  before  the  next  court  of 
probate  ;  and  such  court  shall  have  power  to  examine 
him,  on  oath,  concerning  the  matters  complained  of; 
and  if  he  shall  refuse  to  be  examined,  on  oath,  and  to 
answer  the  interrogatories  put  to  him,  by  such  court,  it 
shall  be  lawful  for  the  court  to  commit  him  to  prison, 
there  to  remain  till  he  shall  conform  to  the  law. 

Notice  to  bring  SECT.  18.  The  courts  of  probate  shall  have  power  to 
direct  executors  and  administrators,  to  give  public  notice 
to  the  creditors  of  the  deceased,  to  bring  in  their  claims 
against  his  estate,  within  such  times  as  the  said  courts 
shall  limit  and  appoint,  not  exceeding  eighteen  months, 
nor  less  than  six  months,  by  posting  up  the  same  in  the 
town  where  the  deceased  last  dwelt,  and  also  by  adver- 
tising and  publishing  the  same  in  a  newspaper  printed  in 
the  county  where  the  deceased  last  dwelt,  or  in  an  adjoin- 
ing county,  at  the  discretion  of  the  judge  of  probate  ;  and 
also  to  give  such  further  notice  as  the  court  shall  judge 
to  be  necessary.  And  if  any  creditor  shall  neglect 
to  exhibit  his  or  her  claim,  within  such  time  as  shall 
be  limited,  after  public  notice  given  as  aforesaid,  such 
creditor  shall  be  forever  debarred  of  his  or  her  de- 
mand against  such  estate.  Provided,  that  any  creditors, 
not  inhabitants  of  this  state,  shall  have  liberty  to  exhibit 
their  claims  against  any  estate,  which  has  not  been  rep- 
resented insolvent,  at  any  time  within  two  years  after 
publication  of  the  notice  aforesaid,  and  shall  be  entitled 
to  payment  out  of  the  clear  estate  only,  remaining  after 
the  payment  of  the  claims  exhibited  in  the  time  limited 
as  aforesaid.  Provided  also,  that  when  a  right  or  claim 
shall  accrue  after  the  death  of  the  deceased,  it  shall  be 
exhibited  within  twelve  months  after  such  right  of  action 
shall  accrue,  and  shall  be  paid  out  of  the  estate  remain- 
ing after  the  payment  of  the  debts  exhibited  in  the  time 
limited  as  aforesaid. 

2hbnrSiht"1if      SECT- 19-  Whenever  the  creditors  of  any  estate,  not 

executor  re'fu-   presented  insolvent,  shall  present  his  or  her  claim  to 

sts  the  claim,     the  executor  or  administrator,  within  the  time  limited  by 

the  court  of  probate,  for  the  exhibition  of  claims,  and 

the  executor  or  administrator  shall  disallow  and  refuse  to 

pay  such  claim ;  if  such  creditor  shall   not,  within  six 

months  after  he  has  been  notified,  by  such  executor  or 


Title  31.     Estatey.  151 

admisistrator,  that  his  claim  is  disallowed,  commence  a          , 

suit  before   a   court  competent  to  try  the  same,  against 

such  executor  or  administrator,  for  the  recovery  thereof, 

that  the  validity  of  the  claim  may  be  legally  decided,  then 

such  creditor  shall  be   forever  debarred  of   his  claim 

against  such  estate  :  Provided,  that  in  case  such  creditor  Extension  of 

die  within  the  said  six  months,  and  before  action  brought  j.1^  °"  de'  ..^ 

as  aforesaid,  a  further  period  of  six  months  shall  be  allow-  tor. 

ed  in  favor  of  the  executor  or  administrator  of  such  cred- 

itor. 

SECT.  20.  When  the  mortgagee  of  any  lands  or  tene-  Release  of  satis. 


ments  shall  die,  leaving  minor  heirs,  the  executor  or  ad-  ^    hhere 


ministrator  of  such  mortgagee,  shall  be,  and  he  is  hereby 
authorized,  on  receiving  the  amount  due  to  the  estate  of  *   %  ^ 

such  deceased  mortgagee,  to  release  to  the  mortgagor  the 
'legal  title  to  the  said  mortgaged  premises,  and  such  deed 
or  release  shall  be  valid. 

SECT.  21.  It  shall  be  the  duty  of  the  executor  or  ad-  Executor  or 
ministrator,  to  maintain  and  keep  the  buildings  and  hous-  *0  "keep  Tuiid 
es,  appertaining  to  the  estate  of  the  deceased,  in  tenanta-  ings  in  repair, 
ble  repair,  by  the  revenue  of  the  lands  belonging  to  such 
estate,  and  deliver  the  same  to  the  heirs,  and  devisees  in 
such  repair,  at  the  time  of  the  division  and  distribution 
thereof,  extraordinary  casualties  excepted.  jp 

SECT.  22.  The  respective  courts  of  probate,  shall  have  May  be  calle<1 
power  to  call  executors  and   administrators  to  account,   c 
for  and  concerning  the  estate  of  the  deceased  person,  in- 
trusted to  their  charge.     And  whenever  the  executor  or  Notice  to  be 
administrator  of  any  estate  shall  exhibit  to  the  court  ofpro-  Siven  °f  exhibi- 
bate,  for  allowance,  his  administration  account,  or  when  [stratum*  ac-"*" 
said  court  shall  have   appointed  a  time  and  place  for  count. 
hearing  said  account,  said  court  shall  direct  the  said  ex- 
ecutor or  administrator  to  give  public  notice  to  all  per- 
sons interested  therein,  to  appear  at  such  time  and  place 
as  said  court  shall  have  appointed,  by  advertising  in  a 
newspaper,  or  otherwise,  for  such  time  as  said  court  shall 
deem  reasonable  :  and  all  persons  interested  in  said  es- 
tate may  appear  and  be  heard  thereon. 

SECT.  23.  Whenever  an  executor  or  administrator  How  to  be  re- 
shall,  by  reason  of  absence,  sickness  or  insanity,  become  move(' 
incapable  of  executing  his  trust,  or  shall  neglect  or  refuse 
to  do  the  duties  thereof  ;  or  shall  waste  the  estate,  on 
which  he  administers,  and  be  unable  personally  to  res- 
pond in  damages,  any  heir,  devisee,  legatee,  creditor  or 
surety  in  the  administration  bond,  who  has  been  injured, 
or  may  be  exposed  to  injury,  may  make  a  complaint  in 
writing  to  the  court  of  probate  in  which  the  settlement  of 
the  estate  is  pending  ;  and  said  court  shall  give  notice  to 
such  executor  or  administrator  to  appear  before  him,  and 


* 
1-^  Title  31.     Estates. 

,  answer  to  such  complaint :  which  notice  shall  be  served, 
by  reading  the  same  in  his  hearing,  or  leaving  a  copy  at 
his  usual  place  of  abode,  at  least  six  days  before  the  day 
of  trial ;  and  if  said  court,  on  due  enquiry,  shall  find  the 
facts  stated  in  the  complaint  to  be  true,  he  shall  remove 
such  executor  or  administrator  from  office  :  and  in  such 
case,  and  in  all  cases,  where  the  surety  in  the  administra- 
tion bond  has  become  liable  on  such  bond,  he  shall  have 
liberty  to  institute  any  proper  suit  against  his  principal 
for  his  security. 

oNreWadmini"!-a-  SECT'  24'  If  the  executor  ™  administrator,  so  remov  - 
lor  to  be  ap-  cd  "'om  office,  be  a  sole  executor  or  administrator,  the 
pointed.  court  of  probate  shall  appoint  an  administrator  with  the 

will  annexed,  of  the  goods  not  administered,  or  an  admin- 
istrator of  the  goods  not  administered,  as  the  case  may 
require,  and  as  in  the  case  of  the  death  of  an  executor, 
How  they  shall  or  administrator  ;  and  such  administrator,  so  appointed, 
proceed.  shall  have  power,  and  it  shall  be  his  duty,  to  ask  for,  de- 

4  mand,  and  receive  of  the  executor  or  administrator  so 

removed,  his  heirs,  executors  or  administrators,  all  the 
goods  and  effects  of  the  deceased  ;  and  also,  all  books 
of  account,  bonds,  notes,  or  other  securities,  documents 
or  papers,  that  concern  the  estate,  and  may  be  wanted 
in  tiie  settlement  of  it :  and  all  suits  in  law  or  equity  pen- 
ding before  any  court,  in  favor  of,  or  against,  the  execu- 
tor or  administrator  so  removed,  shall  survive  to,  and  may 
be  prosecuted  by,  or  against,  the  administrator,  appointed 
to  succeed  him. 

S"2£  SbTre-      SECT*  25'  Whenever  an  administration  bond  shall  be 

quired  '   found  to  be  insufficient,  it  shall  be  the  duty  of  the  court  of 

probate,  who  took  the  same,  to  require  further  security 
of  the  executor  or  administrator ;  and  on  his  neglect  01 
refusal  to  find  such  further  security,  to  remove  him  from 
office,  and  to  appoint  an  administrator  to  succeed  him,  as 
is  heretofore  provided  in  this  act. 

When  sale  of  SECT.  26.  When  the  debts  and  charges,  allowed  by 
the  Court  of  Probate,  in  the  settlement  of  an  intestate  es- 
tate, or  of  a  testate  estate,  where  sufficient  provision  is 
not  made  by  the  will  of  the  testator,  shall  exceed  the 
value  of  the  personal  estate,  it  shall  be  lawful  for  such 
court  to  order  the  sale  of  so  much  of  the  real  estate  as 
shall  be  sufficient  to  pay  the  same,  with  incident  charges 
of  sale,  in  such  manner  as  shall  appear  to  him  to  be  most 
for  the  benefit  of  such  estate  ;  which  sales  shall  be  good 
and  effectual  in  law. 

What  personal  SECT.  27.  When  the  personal  estate  of  the  deceased, 
S^a11  notbe  sufficient  for  the  payment  of  his  debts,  be- 
s"*es  household  goods,  exempted  from  execution,  the 
court  of  probate  that  granted  administration  on  the  es- 


Title  31.     Estates.  153 

state,  shall  set  out  to  the  widow,  any  property  of  the  de- 
ceased exempt  by  law  from  being  taken  in  execution,  to 
be  her  property. 

SECT.  28.     When  the  debts  and  charges,  allowed  by  Wlien  real  es.- 
any  court  of  probate,  in  the  settlement  of  an  intestate  es-  soy  ^,a^re^r, 
tate,  or  of  a  testate  estate,  (where  sufficient  provision  is  ence  to  person- 
not  made  by  the  will  of  the   testator,)  cannot  be  fully  al  estate. 
paid  out  of  the  personal  estate,  without  prejudice  to  the 
widow  or  heirs,  by  depriving  them   of  their  necessary 
stock  and  implements  for  farming,  or  other  business,  for 
upholding  life,  such  court  shall  have  power  and  authori- 
ty to  order  payment  of  such  part  of  the  debts  and  charges 
as  he  shall  judge  reasonable,  by  disposing  of  the  lands  or 
real  estate,  for  such  purpose,  in  such  way  and  manner,  as 
he  shall  judge  to  be  most  equitable  for  the  widow  and 
heirs,  or  devisees,  of  such  estate. 

SECT.  29.  When  any  testator,  by  his  last  will  and  testa-  If  estate  of  one 
ment,  shall  give  any  personal  or  real  estate  to  any  person  t^e  intake nSfo 
or  persons,  and  the  same,  or  any  part  thereof,  shall  be  pay  debts,  the 
taken  and  sold  for  the  payment  of  the  testator's  debts,  as  others   shall 
the  law  provides,  all  the  other  legatees,  devisees,  or  heirs, 
shall  refund  their  average   or  proportional  part  of  such 
loss,  to  such  person  or  persons,  from  whom  such   legacy 
or  devise  shall  be  taken  away  ;  and  he  or  they  may  main- 
tain an  action  at  law  to  compel  such  contribution. 

SECT.  30.     The  courts  of  probate  shall  make,  and  they  Distribution  to 
are  hereby  empowered  to  make,  a  just  division  or  distri-  be  made ' 
bution  of  all  the  estate,  both  real  and  personal,  of  any 
person  dying  intestate   after  deducting  all  the  expences 
and  charges,  payable  out  of  the  same  ;  which  distribution 
shall  be  made  by  three  sufficient  freeholders,  or  any  two 
of  them,  to  be  appointed  by  the  court   of  probate,  and 
sworn  according  to  law  ;  unless  all  the  persons  interested  unless  persons 

in  any  estate,  being  legally  capable  to  act,  shall  mutually  intert  sted  a" 
*  '..?  i1  •  -,-         gree   upon  a 

agree  upon  a  division,  and  present  the  same  in  writing,  division. 

under  their  hands  and  seals  to  the  court  of  probate ;  in 
which  case,  such  agreement  shall  be  accepted  and  re- 
ceived for  a  settlement  of  such  estate,  and  be  accounted 
good  and  valid  in  law,  being  acknowledged,  by  the  par- 
ties subscribing,  before  said  court  of  probate,  or  a  justice 
of  the  peace,  and  recorded  in  said  court. 

SECT.  31.  The  distribution  of  the  estate  shall  be  in  the  Mode  of  distri- 
manner  following,  that  is  to  say,  one  third  part  of  the  per- 
sonal estate  to  the  wife  of  the  intestate,  (if  any  there  be) 
forever ;  and  one  third  of  the  lands  and  houses  during 
life,  where  she  shall  not  have  been  otherwise  endowed 
before  marriage  :  and  all  the  residue  and  remainder  oi 
the  real  and  personal  estate,  by  equal  proportions,  accor- 
ding to  its  value  at  the  time  of  the  distribution,  to  and 


bution 


154  Title  31.     Estates. 

to  the  children,  among  the  children,  and  such  as  legally  represent  them, 
if  any  of  them  are  dead  ;  excepting  children,  who  shall 
receive  estate,  by  settlement  of  the  intestate,  in  his  life- 
time, equal  to  the  shares  of  the  others ;  and  children  ad- 
t—t.  /n,  vanced,  by  settlement  or  portion,  not  equal  to  the  shares 
of  the  rest,  shall  have  so  much  of  the  estate  as  shall  make 
all  the  shares  equal ;  and  the  estate  shall  be  so  divided, 
as  that  the  male  heirs  shall  have  their  part  in  the  real  es- 
tate, so  far  as  the  estate  will   allow  ;  but  whenever  the 
court  shall  find,  that  it  will  best  accommodate  the  heirs 
of  any  estate,  to  distribute  part  of  the  personal  estate  to 
the  male  heirs,  and  part  of  the  real  estate  to  the  female 
heirs,  such  court  shall  order  such  distribution  to  be  made 
accordingly  :  Provided,  that  where  it  shall  appear  to  the 
court  of  probate,  that  any  estate  in  houses  arid  lands  can- 
not be  divided  among  all  the  children,  without  great  pre- 
judice and  inconvenience,  said  court  may  order  the  whole 
to  be  set  to  the  eldest  son,  if  he  accept  it,  or,  on  his  refu- 
sal, to  any  other  of  the  sons,  successively  ;  and  the  son 
accepting  it,  shall  pay  to  the   other  children  of  the  de- 
ceased, their  equal  and  proportionable  shares  of  the  true 
value  of  such  houses  and  lands,  upon  a  just  appraisement, 
to  be  made  by  three  sufficient  freeholders,  on  oath,  or 
shall  give  security  to  pay  the  same  in  some  convenient 
time,  as  the  court  shall  limit,  with  lawful  interest. 

SECT.  32.  And  if  any  of  the  children  die  before  he  or 
she  come  of  age,  and  before  marriage,  or  before  any  le- 
gal disposition  thereof,  and  before  marriage,  the  portion 
of  such  children  deceased,  shall  be  equally  divided  among 
the  surviving  children,  and  their  legal  representatives. 
to  brothers  and      SECT.  33.  If  there  be  no  children,  or  any  legal  repre- 
sfsters ;  sentatives  of  them,  then  one  moiety  of  the  personal  es- 

tate shall  be  set  out  to  the  wife  forever  ;  and  one  third 
of  the  real  estate  for  the  term  of  life  ;  and  the  residue  of 
the  estate,  both  real  and  personal,  except  as  hereinafter 
provided,  shall  be  distributed  and  set  off  equally,  to  the 
brothers  and  sisters,  of  the  intestate,  of  the  whole  blood, 
and  those  who  legally  represent  them  ;  and  if  there  be  no 
to  parents ;  such  kindred,  then  to  the  parent  or  parents  ;  and  if  there 
be  no  parent,  then  equally  to  every  of  the  brothers  and 
sisters  of  the  half  blood,  and  those  who  legally  represent 
them ;  and  if  there  be  no  parent,  and  no  brother  or 
sister,  or  those  who  legally  represent  them,  then  equal- 
to  next  of  kin.  1}  to  the  next  of  kin,  in  equal  degree  :  kindred  of  the 
whole  blood  to  take  in  preference  to  kindred  of  the 
half  blood,  in  equal  degree  :  no  representatives  to  be 
admitted  among  collaterals,  after  the  representatives  of 
Ancestral  es-  brothers  and  sisters.  Provided,  that  all  the  real  estate 
of  the  intestate,  which  come  to  him  by  descent,  gift,  or  de- 


Title  31.     Estates,  155 

vise,  from  his  or  her  parent,  ancestor,  or  other  kindred, 
shall  belong  equally  to  the  brothers  and  sisters  of  the  in- 
testate, and  those  who  legally  represent  them,  of  the 
blood  of  the  person  or  ancestor  from  whom  such  estate 
came  or  descended  ;  and  in  case  there  be  no  brothers  and 
sisters,  or  legal  representatives  as  aforesaid,  then  equal- 
ly to  the  children,  and  those  who  legally  represent  them, 
of  such  person  or  ancestor  ;  and  if  there  be  no  such  chil- 
dren or  representatives,  then  equally  to  the  brothers  and 
sisters  of  such  person  or  ancestor,  and  those  who  legally 
represent  them  ;  and  if  there  be  none  such,  then  it  shall 
be  set  off  and  divided  in  the  same  manner  as  other  real 
estate.  And  if  there  be  no  wife,  all  the  estate,  shall  be 
divided  among  the  children  and  heirs,  in  manner  afore- 
said. 

SECT.  34.  And  every  one,  to  whom  any  share  or  part  Heirs  and  devi- 
shall  be  distributed,  or  any  estate  devised  or  bequeathed,  b^nds  to  refund 
where  no  provision  is  made  for  the  payment  of  debts  out  in  case  of  debts, 
of  any  particular  estate,  by  will,  shall  give  bond,  with 
surety,  before  such  court  of  probate,  if  debts  should  atter- 
wards  be  made  to  appear,  and  be  allowed,  after  the  set- 
tlement of  such  estate,  to  refund  to  the  executor  or  ad- 
ministrator, his  proportional  part  thereof,  and  of  the  char- 
ges of  the  executor  or  administrator. 

SECT.  35.  And  the  widow's  dower,  or  thirds,  in  the  real  V^n.  d°vl'er. 
estate,  at  the   expiration  of  her  term,  shall,  also,  be  dis-  bated.  C 
tributed  as  aforesaid,  if  the  same  remain  undivided. 

SECT.  36.  When  real 
by  the  testator,  to  be  divided 

sees,  and  no  person  is  appointed  to  divide  the  same,  or 
the  person  appointed  neglects,  or  refuses  to  make  the  di- 
vision, or  dies  before  he  has  made  it,  the  court  of  probate 
before  which  the  will  is  proved  and  approved,  shall  ap- 
point three  freeholders,  as  the  law  provides,  for  the  di- 
viding of  intestate  estates,  to  make  division  thereof,  ac- 
cording to  the  will  ;  who  shall  make  return  of  their  do- 
ings to  such  court ;  unless  such  devisees,  being  legally 
capable  to  act,  shall  agree  upon  a  division  in  the  same 
manner  as  is  herein  before  provided,  in  regard  to  intes- 
tate estates,  which  they  shall  have  power  to  do. 

SECT.  37.  And  if  any  person  shall  be  aggrieved,  by  any  Right  of  appeal 
order,  sentence,  denial,  ordccree  or  judgment,  of  a  court  /- 
of  probate,  in  the  settlement  of  an  estate,  such  person 
may  appeal  therefrom  to  the  superior  court  in  the  coun- 
ty where  such  court  of  probate  is  holden  ;    and  every 
person  so   appealing,  shall   give   bond,   with  sufficient 
surety,  to  prosecute  such  appeal  to  eilect,  and  answer  all 
damage  in  case  he  fail  to  make  his  pica  good.     And  all 
persons  who  are  aggrieved  as  aforesaid,  who  are  of  full 


testate,  given  by  will,  is  ordered,  Dmsi°n  . 

r    •  i    j  v.     j       •     amone  joint 

Liyided  among  two  or  more  dcvi-  devisees. 


Title  31.     Estates. 


Time  of  ap- 
peal limited. 


Disposition  of 
estates  of  per- 
tons  executed. 


Limitation  of 
granting  ad- 
ministration, 

and  proving 
will-. 


Hortr  to  pro- 
ceed when 
estate  is  in- 
Kflvent. 


age,  and  present,  or  have  legal  notice  to  be  present,  s 
appeal  to  the  next  superior  court,  and  not  afterwards  '. 
and  if  they  have  no  notice  to  be  present,  and  are  not 
present,  then  they  shall  appeal  within  eighteen  months. 

SECT.  38.  All  persons  aggrieved  as  aforesaid,  who  shall 
be  under  the  age  of  twenty-one  years,  at  the  time  of 
making  the  order,  or  rendering  the  judgment  complain- 
ed of,  shall  appeal  within  eighteen  months  after  they  shall 
arrive  to  full  age.  All  persons  belonging  to  this  state, 
who  shall  be  absent  at  the  time  of  making  the  order,  or 
rendering  the  judgment,  and  all  persons  not  inhabitants  of 
this  state,  who  are  not  present  at  the  time  of  making 
such  order,  or  rendering  such  judgment,  shall  appeal 
within  three  years  thereafter  :  provided,  that  persons  who 
are  inhabitants  of  the  state,  and  absent  from  the  same, 
shall,  if  they  return  to  the  state,  appeal  within  one  year 
after  such  return. 

SECT.  39.  The  estates  of  persons  condemned  to  death, 
and  executed,  shall  be  disposed  of  as  intestate  estates  by 
law  are,  after  deducting  the  costs  of  their  prosecution, 
imprisonment,  and  execution. 

SECT.  40.  Administration  shall  not  be  granted  upon 
the  estate  of  any  deceased  person,  after  the  expira- 
tion of  seven  years  from  his  death.  No  will  shall  be  al- 
lowed to  be  proved,  by  any  court  of  probate,  after  the 
expiration  of  ten  years  from  the  death  of  the  testator  : 
provided,  that  where  any  minor  is  interested  in  the  estate, 
three  years  shall  be  allowed  after  his  arrival  to  full^age, 
to  take  out  administration  thereon,  or  to  prove  and  allow 
the  will  :  and  provided,  that  the  times  in  this  section 
limited,  for  the  purposes  aforesaid,  shall,  in  no  case,  be- 
gin to  run  at,  or  be  computed  from,  any  time  prior  to  the 
first  day  of  June,  one  thousand  eight  hundred  and  twenty- 
one. 

SECT.  41.  When  it  shall  appear  to  the  executor  or  ad- 
ministrator, that  the  estate  will  probably  be  insufficient 
to  pay  the  debts  of  the  deceased,  he  shall  represent  to 
the  court  of  probate,  which  proved  the  will,  or  granted 
administration,  the  condition  and  circumstances  of  such 
estate  ;  and  such  court  shall  proceed  to  settle  it  as  an 
insolvent  estate  ;  and  shall  direct  the  executor  or  admin- 
irtrator  to  give  public  notice  to  all  persons  interested  in 
such  estate,  to  appear,  if  they  see  cause,  at  such  time  and 
place  as  the  court  shall  appoint,  by  posting  up  the  same 
in  the  town  where  the  deceased  last  dwelt,  and  by  ad- 
vertising the  same  in  a  newspaper  printed  in  the  county 
where  the  deceased  person  last  dwelt,  or  in  an  adjoining 
county,  at  the  discretion  of  the  judge  of  probate  ;  and 
such  further  notice  as  the  court  of  probate  shall  order  : 


Title  31.     Estates.  15? 

o  be  heard  relative  to  the  appointment  of  commissioner?, 
to  receive  and  examine  the  claims  of  the  creditors  of  such 
estate  ;  and  after  such  hearing,  said  court  shall  appoint  Appointment 
two  or  more  disinterested   and  judicious  persons,  with  gionersToex 
power  to  receive,  examine,  and  allow  the  claims  of  the  amine  claims, 
several  creditors,  which  shall  be  proved,  by  legal  evi- 
dence, to  he  justly  due  :  which  commissioners  shall  be 
sworn  according  to  law;  and  shall  cause  the  times  and 
places  of  their  meetings,  for  attending  the  creditors  to  Notice  to  be 
receive  and  examine  their  claims,  to  be  made  known  ^er 
and   published,  by  setting  up    notifications    thereof  in 
some  public  places  in  the  town,  where  the  deceased  per- 
son dwelt,  and  also  by  advertising  the  same  in  a  newspa- 
per, printed  in  the  county  where  the   deceased  person 
dwelt,  or  in  an  adjoining  county,  at  the  discretion  of  the 
judge  of  probate  ;  and  such  further  notice  as  the  court  of 
probate  may  order.     And  the  said  court  of  probate  shall  Times  within 
allow  six,  ten,  or  eighteen  months,  as  the  circumstances  of  which  credit- 
the  estate  may  require,  for  the  creditors  to  bring  in  their  jjibjt  ^eir 
claims,  and  prove  their  debts  ;  and  after  the  expiration  claims, 
of  such  limited  time,  the  commissioners  shall  make  their  ReP°rt  of 
report,  containing  a  list  of  all  the  claims  by  them  allowed  ;  ct 
and  such  court  shall  allow  them  a  reasonable  compensa- 
tion for  their  services,  out  of  the  estate  of  the  deceased. 

SECT.  42.   Whenever  any  person  shall  be  aggrieved,  APl)eal  from 
i      ,1      j    •  c^i  •     •  •       11       •  ,     commissioner5 

by  the  doings  ot  the  commissioners,  m  allowmgor  reject- 
ing a  claim  or  demand,  upon  an  insolvent  estate,  and  the 
matter  in  demand  shall  exceed  the  value  of  seventy  dol- 
lars, such  aggrieved  person  may,  within  fifteen  days  after 
the  report  of  commissioners  is  returned  into  court,  file 
his  or  her  motion,  praying  a  review  of  such  claim  or  de- 
mand ;  and  thereupon  the  judge  of  probate,  with  one 
judge  of  the  county  court,  and  one  justice  of  the  peace 
in  the  county,  shall,  as  speedily  as  may  be,  hear  the  par- 
ties, and,  according  to  the  justice  of  the  case,  rer.der 
judgment  to  establish,  reject,  or  correct  such  report,  so 
far  as  regards  such  claim  ;  and  the  judge  of  probate  shall 
conform  himself  to  such  judgment  in  proceeding  upon 
such  estate :  from  which  judgment,  and  the  acceptance  of 
the  report  of  commissioners,  there  shall  be  no  appeal. 
And  no  executor  or  administrator  on  an  insolvent  estate 
shall,  in  any  other  manner,  contest  the  proof  or  validity  of 
any  claim  or  demand,  allowed  or  established  as  aforesaid. 
Provided,  however,  that  such  aggrieved  person,  shall,  at 
the  time  of  filing  his  or  her  motion  as  aforesaid,  give  suffi- 
cient security,  to  the  acceptance  of  the  judge  of  probate, 
that  he  or  she  will  pay  to  such  judges  and  justice  of  the 
peace,  each,  at  the  rate  of  two  dollars  per  day,  and  the 
fees  of  travel,  as  established  by  law,  for  their  services  as 


158 


Title  $L     Estates. 


Suits  not  to  be 
brought  pend- 
ing the  settle- 
ment of  an 
estate. 


Necessaries 
for  widow. 


Order  of  sale. 


Proviso  as  to 
sale  of  person- 
al estate. 


Average. 


aforesaid,  in  case  he  or  she,  on  a  hearing  of  such  claim, 
shall  fail  to  obtain  a  judgment  for  the  alteration  of  such 
report :  otherwise,  such  expense  shall  be  paid  from  the 
insolvent  estate. 

SECT.  43.  No  suit  (except  for  debts  due  to  the  state,  or 
for  last  sickness  and  funeral  charges)  shall  be  brought 
against  the  executor  or  administrator,  of  an  insolvent 
estate,  so  long  as  the  same  shall  be  depending  for  settle- 
ment :  and  in  case  judgment  shall  be  rendered  in  a  suit, 
before  the  estate  was  represented  insolvent,  execution 
shall  be  stayed  till  the  estate  can  be  settled,  according  to 
this  act :  and  the  judgment  creditor  shall  receive  his  aver- 
age, or  proportion  of  the  estate,  with  the  other  creditors : 
and  in  case  that  be  not  paid,  on  the  settlement  of  the 
estate,  such  creditor,  shewing  the  same,  and  producing  a 
certificate  of  his  average,  the  court  shall  order  execution 
to  issue  on  such  judgment  for  the  same. 

SECT.  44.  If  on  the  report  of  the  commissioners,  such 
estate  shall  appear  to  be  insolvent,  the  court  of  probate, 
to  whom  such  report  is  made,  shall  order  and  set  out  to 
the  widow  of  the  deceased,  if  any  be,  such  necessary 
household  goods,  to  be  her  own  property,  as  are  exempt- 
ed from  execution  by  law  ;  and  the  court  shall  order  the 
widow's  dower  to  be  set  out  according  to  law  :  and  the 
residue  and  remainder  of  said  estate,  both  real  and  pe*r- 
sonal,  including  the  widow's  dower,  subject  to  the  incum- 
brance  of  her  estate  for  life,  said  court  shall  order  and 
direct  the  executor  or  executors,  administrator  or  admin- 
istrators, appointed  to  administer  on  such  estate,  to  sell, 
in  such  manner  as  shall  appear  to  said  court  to  be  best 
for  the  creditors  ;  and  notice  of  such  sale  shall  be  pub- 
lished in  a  newspaper  printed  in  the  county  where  the 
lands  lie,  or  the  parties  interested  reside,  or  in  an  ad- 
joining county,  at  the  discretion  of  the  court  of  probate  ; 
and  such  further  notice  shall  be  given  as  the  court  of  pro- 
bate shall  order.  And  such  executors  and  administrators 
shall  have  power  to  make  sale  thereof,  and  to  execute 
proper  conveyances  to  the  purchasers,  which  shall  be  va- 
lid in  law :  Provided,  that  at  any  time,  during  the  settle- 
ment of  the  estate,  the  court  of  probate  shall  have  power 
to  order  the  sale  of  the  whole,  or  any  part,  of  the  insolv- 
ent's personal  estate. 

SECT.  45.  And  such  sales  being  made,  the  executors  or 
administrators  shall  render  an  account  to  the  court  of 
probate,  of  the  amount  thereof,  and  the  monies  arising 
therefrom  ;  and  said  court  shall  direct  the  payment  of 
the  debts  and  demands  against  the  estate  to  be  made  in 
the  following  manner :  the  funeral  expenses,  and  incident 
charges  of  settling  and  selling  the  estate  ;  debts  due  for 


Title  31.     Estate*.  159 

the  last  sickness  of  the  deceased ;  taxes  and  debts  due  to 
the  state  ;  and  the  debts  of  the  several  creditors,  as  al- 
lowed by  the  commissioners,  in  proportion  to  the  sum 
found  to  be  due. 

SECT.  46.  Every  creditor,   who  shall  not  exhibit  and  Provision  im 
make  out  his  claim  to  the  commissioners,  before  the  ex-  °™dto  Desert 
piration  of  the  time  limited  for  that  purpose,  shall  be  their  claims 
forever  debarred  of  his  or  her  debt ;  unless  he  or  she  within  limited 
can  shew  some  other  or  further  estate,  not  before  dicov-  lune 
ered,  and  put  in  the  inventory  ;  who,  on  discovery  there- 
of, shall  give  notice  to  the  executor  or  administrator  :  and 
in  such  case,  it  shall  be  the  duty  of  the  executor  or  ad- 
ministrator, to  make  an  additional  inventory,  compre- 
hending such  new   discovered  estate,  and  present   the 
same  to  the  court  of  probate  :  and  such  estate  shall  be 
sold  and  disposed  of  as  the  other  estate  of  the  deceased. 
The  judge  of  probate  shall   examine  the  claim  of  such 
creditor,  and  allow  such  part  thereof,   as  shall  appear 
to  be  justly  due  ;    and  after  deducting  the  additional 
charges,  shall  order  so  much  of  the  avails  of  the   new 
discovered  estate  to  be  paid  to  him,   as  will  make  him 
equal  to  the  other  creditors,  if  sufficient ;  if  not,  then  the 
whole  shall  be  paid  to  him  ;  but  if  there  should  be  more 
than  sufficient,  then  the  surplus  shall  be  equally  divided 
and  averaged  among  all  the   creditors  of  such  insolvent 
estate. 

CHAP.  II. 

An  Act  securing  to  the  State  a  priority  of  claim 
against  the  estates  of  Insolvent  Debtors. 

~1"B  E  it  enacted  by  the  Senate  and  House  of  Rep- 

SECT.  1.     |-£  .-       «?    n  ,  a          j,         J         j 

U   resentatives  in  (xeneral  Assembly  convened, 

That  whenever  the  estate  of  an  insolvent  debtor  shall  be  Assignees  to 
in  the  hands  of  assignees,  either  in  pursuance  of  an  insol-  pay  debts  due 
vent  act,  or  by  voluntary  assignment,  it  shall  be  the  duty  f°n  e     a  e» 1B 
of  such  assignees,  to  pay  all  debts  due  to  this  state  from 
such  debtor,  out  of  the  avails  of  such  estate,  in  full,  before 
any  average   or  distribution   is  made  among  the  other 
creditors. 

SECT.  2.  If  the  principal,  in  any  bond  or  contract  giv-  Sureties  hav- 
en to  the  state,  or  the  treasurer,  for  the  use  of  the  state,  'l"j  Paid  th® 
shall  be  insolvent,  or  being  deceased,  shall  not  have  left  sio  priority6 
sufficient  estate  to  pay  all  his  debts,  and  any  surety  or  against  the  es- 
sureties,  on  such  bond  or  contract,  shall  pay  the  money  tateof 
due  to  the  state,  he  or  they  shall  have  the  same  priority  C1 


100  Title  32.     Fences. 

as  to  payment  of  the  debt  out  of  the  estate  of  the  princi- 
pal, as  is  secured  to  the  state. 

TITLE  32.     Fences. 
An  Act  concerning  Fences  and  Common  Fields. 

|BE  it  enacted  by  the  Senate  and  House  ofRep- 

.  *  MJ  rcsentatives  in  General  Assembly  convened, 

What  shall  be  That  the  proprietors  of  lands  shall  make  and  maintain 

sufficient  fence,  sufficient  fence  or  fences  to  secure  their  particular  fields 

and  enclosures  :  and  a  rail  fence,  four  feet  and  a  half 

high,  a  stone  wall  four  feet  high,  well  and  substantially 

erected,  and  any  other  fence,  either  of  rails,  boards,  hedge, 

ditch,  brooks,  rivers  or  creeks,  which,  (in  the  judgment 

offence-viewers,)  shall  be  equal  to  a  rail  fence  four  feet 

and  a  half  high,  shall  be  deemed  a  sufficient   and  lawful 

fence. 

How  adjoining.  SECT.  2.  When  adjoiningproprictors  inclose  their  land 
proprietors  'in  severality,  each  shall  make  and  maintain  one  half  of  the 
divisonal  fence  :  and  when  adjoining  proprietors  make  a 
divisonal  fence,  of  posts  and  rails,  boards,  or  a  hedge 
fence,  each  shall  be  allowed  twelve  inches  from  the 
dividing  line  to  break  the  ground,  to  set  in  the  posts  and 
stakes  5  but  the  posts  shall  stand  in  the  dividing  line  :  and 
in  making  a  stone  wall,  or  other  fence,  each  proprietor 
shall  be  allowed  to  set  one  half  of  the  width  on  each  side 
of  the  dividing  line,  provided  it  does  not  exceed  one 
foot  and  a  half  from  the  dividing  line,  upon  the  land  of 
the  adjoining  proprietor  :  and,  except  in  the  case  of 
house  or  home  lots,  four  feet  shall  be  allowed  for  a  ditch 
from  the  dividing  line ;  provided,  the  party  making  the 
ditch,  shall  lay  the  bank  upon  his  own  land. 

SECT.  3.  If  one  proprietor  shall  first  occupy  his  land,. 
When  one  pro-  and  make  the  whole  fence,  and  afterwards  the  adjoining 
prietor  first  m-  proprietor  shall  occupy  the  adjoining  land,  by  particular 
makes  the         enclosure,  he  shall   purchase  one  half  of  the  divisional 
whole  fence,      fence  and  maintain  the  same  ;  and  if  the  parties  do  not 
the  other  shall  agree  in  dividing  and  appraising  said   fence,  the  party- 
aggrieved  may  call  on  the  select-men  of  the  town,  or 
a  major  part  of  them,   who  may  divide  and  set  out  to 
each  party,  his  equal  proportion  of  said  fence,  and  de- 
termine how  much  the  party,  last  occupying,  shall  pay 
for  the  fence  to  the  party  erecting  the  same  ;  an  ac- 
count of  which,  under  the  hands  of  the  select-men,  shall 
be  sufficient  evidence  for  the  party,  who   erected  said 
fence,  to  recover  the  same  from  the  party  last  occupying, 
as  aforesaid. 


Title  32.     Fences.  161 

.-.ECT.  4.  Whenever  there  has  been  a  fence  between  When  fence 
adjoining  proprietors,  which  has  never  been  divided,  ^a11  be  dmdr 
and  either  party  refuses  to  divide  the  same,  the  other 
party  may  call  on  the  select-men  to  make  a  division,  and 
the  select-men  shall  set  out  the  better  part,  (if  any  there 
be,)  to  him  who  erected  it,  or  holds  under  him  who  erect- 
ed it  ;  and  the  cost  shall  be  paid  by  him  who  wilfully  re- 
fused to  make  such  division,  to  be  recovered,  in  a  proper 
action,  by  the  other  party  ;  and  a  certificate  of  the 
amount  of  such  cost,  under  the  hands  of  the  select-men, 
shall  be  sufficient  evidence.  And  the  division  offences, 
made  as  aforesaid,  and  recorded  in  the  records  of  the 
town  where  the  lands  lie,  shall  be  valid  and  binding  on 
the  parties. 

SECT.  5.  If  any  person  who  ought  to  maintain  any  di-  How  to  pro- 
visional  fence,  shall  refuse  or  neglect  to  keep   it  in  suffi-  ^on^'fente 
cient  repair,  the  party  aggrieved  shall  have  power  to  call  js  not  in  repair 
on  the  fence-viewers  to  view  the  same,  and  if  they  find 
such  fence  to  be  insufficient,  they  shall,  without  delay,       __,>'// 
give  notice,  in  writing,  of  such  insufficiency,  to  the  per-  >%,  0*~J*'  ' 
son  or  persons  who  are  bound  to  repair  it ;  and  if  he   or 
they  do  not,  within  fifteen  days,  put  the  same  in  sufficient 
repair,  then  it  shall  be  lawful  for  the  party  aggrieved  to 
do  it ;  and  when  the  same  shall  be  completed,  and  judg- 
ed sufficient,  by  said   fence-viewers,  they  shall  estimate 
the  value  of  such  repairs,  and  make  a  certificate  thereof, 
under  their  hands,  with  an  account  of  their  fees  ;  and  the 
party  aggrieved  shall  have  right  to  recover  of  the  party 
who  ought  to  have  made  such  repairs,  double  the  value 
thereof,  together  with  the  fees  of  the  fence-viewers ;  and 
on  his  neglect  or  refusal  to  make  payment,  for  thirty  days, 
after  demand  made,  the  party  aggrieved  may  sue  for  and 
recover  it,  by  an  action  on  the  case,  before  any  court 
proper  to  try  the  same. 

SECT.  6.  No  person  shall  lay  open  his  inclosures  to  and  when  one  . 

the  common,  and   remove  the  divisional  fence,  without  !ay?  open   llfe 

,,    ,         .  ,,         j.   .    .  mclQsure. 

giving  three  months7  notice  to  the  adjoining  proprietor  ; 

who  shall  have  a  right  to  purchase  the  same,  on  paying 
the  value  thereof;  and  if  the  parties  cannot  agree,  it 
shall  be  determined  by  either  two  of  the  select-men  of 
the  town. 

SECT.  7.  When  the   dividing  line  between  adjoining  How  to  make 

proprietors,  shall  be  a  river,  brook,  pond,  or  creek,  which  divisional  fence 

'     .         ,.  ..•'.*  -•     +i  i       when  it  cannot 

is  not  a  sufficient  fence,  and  it  is  impracticable  to  make  be  placed  in  the 

the  fence  in  the  line,  if  either  party  shall  refuse  to  make  line, 
a  divisional  fence,  on  one  side,  or  the  other,  then  either 
two  of  the  select-men  of  the  town,  shall,  on  application 
of  either  party,  desirous  of  making  such  fence,  determine 
0n  which  side  thereof  the  fence  shall  be  erected  and  main- 


162  Title  32.     Fences. 

tained,  or  whether  partly  on  one  side  and  partly  on  the 
other,  and  what  part  each  shall  make  and  maintain,  and 
deliver  their  determination,  in  writing,  to  the  parties  ; 
and  if  either  shall  refuse  to  make  and  maintain  his  part  of 
the  fence,  the  other  may  proceed,  as  is  prescribed  in  the 
fifth  section  of  this  act. 

Kees  of  fence-        SECT.  8.  And  the  select-men,  or  fence-viewers,  for  any 
viewers.  service  performed  in  virtue  of  this  act,  shall  be  allowed 

one  dollar  per  day,  and,  at  that  rate,  for  a  longer  or 
shorter  time. 

Power  of  pro-  SECT.  9.  The  proprietors  of  land  in  any  field  that  now 
inon  fields00"1"  's'  or  mav  ^e'  established  and  used  as  a  common  field, 
may  meet,  by  themselves  or  agents,  annually,  on  the  first 
Monday  in  March,  or  on  such  other  day  as  they  shall  ap- 
point, at  the  usual  place  of  holding  town-meetings,  in  the 
town  where  the  common  field  is,  or  at  such  other  place 
as  they  shall  appoint,  and  shall  have  power,  by  a  major 
vote,  to  be  computed  according  to  their  interest,  to  adopt 
regulations  with  respect  to  the  fencing  and  occupying 
such  common  field,  and  to  do  every  thing  necessary  for 
the  good  management  of  the  same.  And  they  shall  have 
Clerk,  power  to  choose  a  moderator  and  clerk,  which  clerk  shall 

enter  all  the  acts  and  votes  of  the  said  proprietors,  relat- 
ing to  the  management  of  their  common  fields,  and  shall 
be  sworn  to  a  faithful  discharge  of  his  office,  and  shall 
continue  in  office  until  another  is  chosen  and  sworn  in  his 
room  ;  whose  fees  shall  be  the  same  as  town-clerk's  for 
the  like  service. 

Committee  and  SECT.  10.  And  they  shall  choose  a  committee,  to  take 
fence-viewers.  care  of  an(j  manage  the  affairs  of  the  common  field,  and 
fence-viewers,  and  haywards,  who.  shall  be  sworn  to  a 
faithful  discharge  of  the  duties  of  their  office  ;  and  if  any 
person,  so  chosen,  shall  refuse  to  serve,  he  shall  incur  the 
same  penalty,  to  be  levied  in  the  same  manner,  as  in  the 
case  of  refusing  to  serve  in  town-offices. 

Meetings,  how      SECT.  11.  The  committee  appointed  for  any  common 
warned.  field,  may  call  a  meeting  of  the  proprietors,  when  they 

shall  judge  it  necessary,  either  by  giving  warning  to  such 
of  them  as  live  in  the  town  where  such  field  is,  and  to  the 
agent  of  non-resident  proprietors,  if  there  be  any  in  the 
same  town,  at  least  three  days  before  such  meeting,  or  by 
warning  the  said  proprietors,  in  such  other  manner  as 
in  their  lawful  meetings  they  shall  agree. 

Proprietors  SECT.  12.  And  the  proprietors,  at  a  lawful  meeting, 

may  lay  taxes,  shall  have  power  to  lay  taxes  upon  themselves,  accord- 
ing to  their  interest  in  the  common  field,  to  defray  the 
expences  that  may  arise  in  setting  out  or  altering  the 
fence,  in  making  gates  and  bridges  for  the  field  ;  and  for 
any  other  common  charge,  .which  they  shall  judge  neces- 


Title  32.     Fences.  163 

sary  ;  and  may  appoint  collectors  to  collect  the   taxes ; 
who  shall  have  the  same  authority  as  collectors  of  town 
taxes,  and  be  under  the  same  penalties,  for  refusal  to  ac- 
cept, and  execute  the  office.     And  it  shall  he  the  duty  of 
t  committee  to  make  the  rate-bills,  and  procure  war- 
its,  signed  by  a  justice  of  the  peace,  authorising  their 
collection. 

SECT.  13.  When  a  number  of  proprietors  of  lands  in  Adjoining 
one  town,  or  in  several  towns,  have  their  lands  adjoin-  j 
ing,  and  so  situated  that  it  may  be  convenient  and  bene-  field, 
ficial  for  them  to  occupy  them  as  a  common  field,  if  two 
thirds  of  such  proprietors,  counting  their  votes  according 
to  their  interest,  shall  agree  to  occupy  such  land  as  a 
common  interest,  they  may  apply  to  the  county  court,  in 
the  county  where  the  lands  lie,  and  represent  to  them  the 
circumstances  thereof,  due  notice  having  been  given  to 
the  other  proprietors  to  appear  at  said  court,  to  make  ob- 
jections, if  any  they  have,  against  occupying  such  lands 
as  a  common  field.  And  on  obtaining  the  allowance  and 
approbation  of  such  court,  said  proprietors  are  empow- 
ered to  farm  and  occupy  the  said  lands  as  a  common 
field,  with  all  the  powers  and  privileges  of  those  which 
are  already  established  :  and  where  the  lands  lie  in  seve- 
ral towns,  they  shall  hold  their  meetings  at  the  usual 
place  of  town-meetings,  in  the  town  where  the  greater 
part  of  the  land  lies,  or  at  such  other  place  as  they  shall 
appoint. 

SECT.  14.  The  county  court  shall  have  power,  on  the  County  courts 
petition  of  one  or  more  of  the  proprietors  of  a  common 
field,  to  limit,  extend,  or  alter  the  bounds  of  the  same, 
in  such  mariner  as  they  shall  think  will  best  conduce  to 
the  interest  of  the  proprietors  ;  and  notice  of  the  penden- 
cy of  such  petition  shall  be  given  to  one  or  more  of  the 
committee,  and  an  attested  copy  left  with  the  clerk  of  the 
proprietors,  at  least  twelve  days  before  the  hearing  of 
the  same  ;  and  the  cost,  incurred  by  such  application, 
shall  be  taxed  by  the  court,  and  paid  by  the  petitioners. 

SECT.  15.  The  committee  of  the  field,  or  a  committee  Committee 
appointed  for  that  purpose,  shall  set  out  to  each  propri-  j^  pr0p 
etor,  his  proportion  of  the  fence,  and  the  place  where  it  is  offence, 
to  be  made  ;  who  shall  make  and  maintain  it,  and  shall 
observe  the  orders  of  the  proprietors  for  the  occupation 
of  the  common  field.     And  each  proprietor,  in  order  to 
make  or  repair  his  part  of  the  fence,  may  pass  over  the 
land  of  any  person,  in  the  common  field,  when  necessary  ; 
and  where  the  line  of  a  common  field  bounds  upon  a  par- 
ticular inclosure,  one  half  of  the  fence  shall  be  made  by 
the  proprietors  of  the  common  field,  and  the  other  half 
by  the  owner  of  the  particular  inclosuro.     And  such  pro- 


J64  Title  32.     Fences. 

^  » 

prietors  shall  not,  by  laying  open  their  field  or  inclosure^ 
excuse  themselves  from  making  and  maintaining  their 
divisional  fence,  without  liberty  first  had  from  the  county 
court.  And  where  the  common  line  of  fence  runs  across 
a  particular  inclosure,  and  divides  it,  the  committee,  in 
proportioning  the  fence,  shall  consider  the  advantage  or 
disadvantage  that  this  may  be  to  the  owner  of  the  partic- 
,  ular  inclosure.  And  all  such  fences,  set  out  to  the  own- 

ers of  particular  inclosures  as  aforesaid,  shall  be  inspect- 
ed and  repaired,  as  part  of  the  fence  of  the  common 
field. 

Line  not  to  be       SECT.  16.  When  a  common  line  offence  has  been,  or 

altered,  but  by  shall  be,  established,  it  shall  not  be  altered,  excepting  by 

major  vote.        a  major  vo^e  of  foe  proprietors,  computed  according  to 

their  interest  ;  and  when  they  agree  to  alter  such  fence, 

the  committee,  to  effect  it,  shall  cause  their  doings  to  be 

entered  with  the  clerk  of  the  field. 

Committee   to       SECT.  17.  Where  any  person  shall  purchase  lands  in  a 
set  out  proper-  common  field^  the  committee  shall  have  power  to  set  out 
lion  to  a  pur-  ^o  sucn  purchaser  his  proportion  of  the  fence,  at  the  re- 
quest and  charge  of  the  grantor,  and  shall  cause  an  entry 
thereof  to  be  made  with  the  clerk  of  the  field ;  and  until 
that  is  done,  the  grantor  shall  maintain  such  fence.     And 
if  any  proprietor  in  a  common  field  dies,  and  his  heirs  or 
devisees  refuse   to   maintain   the  fence,  the   committee 
shall  proportion  the  fence  to  such  heirs  or  devisees,  in 
the  list  of  fence,  and  they  shall  be  bound  to  maintain  it- 
How  pftrte  of      SECT.  18.  And  the  owners  of  fence,  in  the  line  of  corn- 
fence  are  to  be  mon  fence,  shall  set  and  keep  up  stakes,  with  the  two 
distinguished.     first  letters  of  their  names  on  them5  to  distinguish  their 

part  of  the  common  fence  ;  and  every  person  neglecting 
to  do  it  more  than  two  days,  after  warning  given  him.  by 
either  of  the  fence-viewers  of  that  field,  shall  forfeit  twen- 
ty-five cents,  to  the  use  of  the  proprietors  of  the  common 
field. 

How  common  SECT.  1 9.  Common  fields  shall  be  fenced  in  the  same 
ds  are  to  be  manner  as  is  required  in  the  case  of  particular  -inclosures : 
and  it  shall  be  the  duty  of  the  fence-viewers  to  inspect 
the  fence  of  common  fields,  and  take  care  that  it  is  kept 
in  sufficient  repair  ;  and  if  they  find  it  to  be  insufficient 
and  defective,  in  any  part,  they  shall  forthwith  give  no- 
tice to  the  owner,  or  the  person  who  ought  to  maintain  it ; 
and  if  he  shall  not,  within  five  days  after  notice,  erect 
such  fence,  or  put  the  same  in  sufficient  repair,  they  shall 
forthwith  make>  or  repair  the  same  ;  and  the  owner,  or 
person  who  ought  to  maintain  such  fence,  shall  pay  double 
cost  and  charges  to  the  fence-viewers  :  and  if  he  neglect 
to  pay  it  for  ten  days,  after  an  account  is  presented,  and 
demand  made,  the  fence-viewers  shall  have  a  right  to  re« 


Title  32.     fences.  165 

'over  it,  in  an  action  on  the  case,  brought  before  a  court 
proper  to  try  the  same  :  Provided,  that  such  person, 
within  ten  days  after  the  account  is  presented,  and  the  de- 
mand made,  may  apply  to  two  select-men,  or  fence-view- 
irers,  of  the  town,  not  interested  in  the  controversy,  who 
shall  appraise  and  estimate  the  expence  of  making  or  re- 
pairing such  fence  ;  and  if  such  person  shall  not,  forth- 
with, pay  double  the  appraisement,  the  fence-viewers, 
who  made  or  repaired  such  fence,  shall  have  right  to  re- 
cover it,  in  an  action  on  the  case. 

SELT.  20.  No  person  shall  feed  or  bait  any  creatures 
on  his  neighbour's  land,  in  a  common  field,  without  his 
consent,  from  the  tenth  day  of  April,  to  the  tenth  day  of 
October,  in  each  year ;  unless  such  field,  by  the  agree- 
ment of  the  proprietors,  shall  be  sooner  opened  for  feed- 
ing :  and  all  creatures  found  so  feeding  shall  be  liable  to 
be  impounded,  by  the  hayward  of  the  field,  or  the  owner 
of  the  land. 

SECT.  21.  All  damage  done  by  cattle,  horses,  sheep  or  How  damage 
swine,  when  the  fence  is  sufficient,  shall  be  paid  by  the  d,?n,f  ^  b.e.asts 
owners  of  them  ;  but  if  the  fence  is  defective,  then  by  the  s 
owners  of  the  fence  :  but  where  the  fence  is  defective, 
the  owners  of  the  cattle  shall  pay  the  poundage,  before 
they  are  released  from  pound,  and  shall  recover  the  same 
of  the  owner  of  the  defective  fence. 

SECT.  22.  Non-resident  proprietors,  of  a  common  field  Non-residents 
shall  certify  to  the  clerk,  under  their  hands,  their  agents  *n*me  ^  *geyntt 
appointed  to  act  in  the  concerns  of  the  common  field  :  to  the  clerk, 
and  such  agents  shall  certify  their  acceptance  to  the  clerk, 
and  shall  become  bound  to  do  all  the  duties,  and  obey 
the  orders  of  the  proprietors,  in  the  same  manner  as  res- 
ident proprietors  are.     And  if  such  non-resident  propri- 
etors shall  neglect  to  constitute  their  agents,  and  certify 
as  aforefaid,  then  the  fence-viewers,  if  they  find  any  part 
of  their  fence  to  be  insufficient,  shall  notify  the  clerk  of 
said  field,  of  such  insufficiency,  under  their  hands,  which 
shall  be  deemed  legal  warning  to  such  non-resident  pro- 
prietors to  mend   and  repair  their  fence  ;  and  on  their 
failure,  the  fence-viewers  shall  proceed  in  the  same  man-  On  fa'hire    Of 
ner,  to  repair  such  fence,  and  shall  have  the  same  recom-  p^ri^tors" 
pence  and  remedy  as  in  case  of  the  neglect  or  default  of  fence-viewers 
resident  proprietors.     Provided,  that  where  the  fence-  £hal1  rePair 
viewers  repair  the  fence  of  a  non-resident  proprietor,  an 
account  of  the  expence  shall  be  presented  to,  and  demand 
made  of,  the  clerk  of  the  common  field,  who  shall  make 
an  entry  thereof ;  which  shall  be  deemed  as  effectual,  as 
if  presented  to,  and  demand  made  of,  such  non-resident 
proprietors. 


166  Title  33.     Ferries. 

Proprietors  SECT.  23.  The  proprietors  of  any  common  field,  in 

may  establish     jawfuj  meeting,  by  a  major  vote,  computed  according  to 

age"  (  interest,  may  establish  the  fee  to  be  paid  by  the  owner  of 

any  horse,  cattle  or  sheep,  impounded  from  the  common 

field  :  Provided,  that  it  shall  not  be  more  than  fifty  cents 

per  head  for  horses  and  neat-cattle,  and  five  cents,  five 

mills,  per  head,  for  sheep. 

Particular  fields  SECT.  24.  When  adjoining  proprietors  of  land,  in  a 
common  ^e^5  sna^  fence  and  occupy  any  particular 
fields  or  inclosures,  in  severalty,  within  such  common 
field,  such  particular  inclosures  shall  be  under  the  same 
regulations,  as  to  fencing,  and  in  all  other  respects,  as  par- 
ticular inclosures,  not  within  a  common  field,  are,  by  this 
act.  Provided,  that  the  proprietors  of  common  fields 
may,  at  a  legal  meeting,  make  any  special  regulations 
that  they  may  think  proper,  respecting  the  fencing  of  par- 
ticular fields  and  inclosures  within  such  common  fields. 


TITLE  33.     Ferries. 
An  Act  relating  to  Ferries, 

.     TJ  E  it  enacted  by  the  Senate  and  House  of  Rep- 
_D  resenlatives,in  General  Assembly  convened, 

Towns  liable  to  That  it  shall  be  the  duty  of  every  town,  except  otherwise 
keep  and  main-  provided  in  this  act,  within  whose  limits,  a  ferry  is  now 
tain  ferries.  established  and  used,  or  in  which  a  ferry  may  be  hereaf- 
ter established  and  used,  to  keep  the  same  in  good  order, 
and  see  that  it  be  furnished  with  all  things  necessary  for 
the  complete  and  safe  enjoyment  thereof,  by  the  public, 
in  the  manner  hereinafter  provided  ;  and  when  any  ferry 
is  established  and  used,  or  hereafter  shall  be  established 
and  used,  across  any  stream  or  body  of  water,  that  is  the 
division  line  between  any  two  towns,  it  shall  be  the  duty 
of  those  towns,  between  which  the  ferry  is,  or  may  be, 
to  see  that  the  same  be  kept  and  furnished  as  aforesaid, 
at  the  equal  expense  of  those  towns,  unless  it  shall  be 
otherwise  agreed  between  them.  Provided  nevertheless, 
that,  where  in  any  particular  case,  any  person,  persons 
or  corporation,  are  or  shall  be  liable  by  law,  contract  or 
otherwise,  to  keep  and  maintain  any  particular  ferry,  in 
any  town,  or  between  any  two  towns,  such  town  or  towns, 
shall  be  enabled  to  enforce  such  liability,  against  such 
person,  persons  or  corporation,  and  obtain  from  them,  an 
F  .  indemnity  for  all  costs  and  charges  they  may  be  subject- 

furnished  with  e^  to,  by  force  of  this  act. 

boats,  &c.  SECT.  2.  Every  ferry  shall  be  furnished  and  provided 

with  a  good  tight  boat  or  boats,  and  scow,  if  necessary. 


Title  33.     Ferries.  167 

of  sufficient  number,  dimensions,  strength  and  steadiness, 
for  the  safe  and  speedy  transportation  of  passengers,  their 
teams,  cattle,  horses  or  other  creatures  ;  and  said  boat, 
boats  or  scows,  shall,  at  all  times,  be  well  furnished  with 
suitable  oars,  and  other  implements  necessary  for  the 
service,  and  also  with  men  of  sufficient  number,  strength, 
discretion  and  skill,  to  manage  the  same  ;  and  there  shall 
be  erected  at  each  ferry,  and  at  all  times  kept  in  good 
repair,  all  necessary  wharves  at  the  places  of  embarking 
and  landing,  that  passengers,  their  teams,  cattle,  horses 
and  other  creatures,  may  be  embarked  and  landed,  withr 
out  danger,  or  unnecessary  delay. 

SECT.  3.  The  ferry-men  employed  to*manage  the  fer-  The  ferry-men 
ry-boats  and  scows,  and  tend  the  ferry,  shall,  at  the  t°g|vestrictat- 
f  •  f  i--  u  j-u  i.-  i  j  tention,  &c. 

terries,  lor  which  they  are  respectively  employed,  give 

constant  and  diligent  attention  to  that  business,  from  sun- 
rise, until  nine  of  the  clock  at  night,  from  the  first  of 
April  to  the  first  of  October,  in  each  year,  and  until  eight 
of  the  clock  at  night,  from  the  first  of  October  to  the  first 
of  April ;  and  shall  not  deny  or  delay,  the  speedy  carry- 
ing over  of  any  passenger,  his  team,  cattle,  horses  or 
other  creature.  Provided  that  no  ferry-man  be  compel-  Proviso, 
table  to  put  off  from  shore,  or  attempt  to  pass  any  ferry, 
when  it  manifestly  appears  to  be  hazardous  so  to  do,  by 
reason  of  any  storm,  tempest  or  ice. 

SECT.  4.  The  owner  or  owners,  keeper  or  keepers  of  The  owners, 

any  ferry,  authorized  and  established  by  law,  and  kept  &tc;.,,°  *,  terrlts> 
,/'.  -,J   .        '    .    .,        vf  entitled  to  the 

agreeably  to  this  act,  snail  have  the  exclusive  privilege  oi  emoluments. 

the  transportation  across  the  same,  of  all  passengers,  their 
teams,  horses,  cattle,  and  other  property,  from  the  place 
where  such  ferry  is  established,  to  every  other  ferry-place, 
or  usual  place  of  landing,  and  be  entitled  to  all  the  fare 
by  law  arising  therefrom.  Provided,  that  nothing  herein  Proviso, 
contained,  shall  be  construed,  to  prevent  any  person 
from  passing  such  ferry,  in  his  own,  or  his  neighbors' 
boats,  or  canoes,  on  his  or  their  own  business. 

SECT.  5.  The  fares  that  are,  or  may  be  stated  and  fixed  The  fares,  stat- 
by  the  general  assembly,  for  each   ferry,  and   no  other,  ed  by  the  gen- 
may  be  demanded  and  received,  for  the  transportation  of  ^  bTrecelv- 
any  persons,  their  teams,  cattle,  horses  and  other  proper-  ed,  and  no  oth- 
ty  over  the  same  ;  and  every  ferry-man,  or  other  person  er> 
employed  at  a  ferry,  that  shall  demand  and  take  more 
than  the  fare  so  stated  and  fixed,  shall  forfeit  the  sum  of  6n  penally, 
three  dollars,  to  any  informer,  who  shall  sue  for  and  re- 
cover the  same ;  in  the  trial  whereof  no  appeal  shall  be 
allowed. 

SECT.  6.  On  each  side  of  every  river,  or  body  of  wa-  A  post  with  the 
ter,  where  a  ferry  is,  or  may  be  authorised,  and  estab-  bYkep"at°each 
lished,  there  shall  be  fixed  a  post,  with  the  several  fares, 


168 


Title  33.     Ferries. 


.  ferry  ,on  forfeit-  allowed  by  law  for  such  ferry,  written  thereon  in  large 
letters,  so  near  the  place,  where  passengers  enter  the. 
boat,  used  for  such  ferry,  that  the  same,  with  the  writing 
thereon,  shall  be  open  and  legible  to  such  passengers : 
and  if  at  any  time,  any  ferry-place  shall  be  deficient  in 
such  post,  no  fare  shall  be  receivable  thereat,  during  such 
deficiency. 

The  senate  to    '  SECT.  7.  The  senate  shall  annually  appoint  two  com- 
appomt  two  ,,,,      J     .rr    .      .,  . 

commissioners  missioners  on  each  and  every  of  the  ferries,  in  this  state, 

for  each  ferry;  except  on  the  Middletown  ferry,  who  shall  be  denomin- 
ated commissioners  of  ferries  ;  whose  duty  it  shall  be,  as 

th«ir duty;  often  as,  in  their  opinion,  the  public  good  shall  require 
it,  carefully  to  mquire  into  the  management  of  the  ferry, 
over  which  they  shall  respectively  be  appointed  ;  to  in- 
spect the  boats,  scows  and  oars,  used  at  said  ferry  ;  and 
the  wharves,  causeways  and  landing-places,  appurtenant 
thereto  ;  and  to  see  whether  said  ferry  be  kept  and  at- 
tended, by  suitable  ferry-men,  and  according  to  law. 
And  if  said  commissioners  shall,  at  any  time,  find,  that 
said  wharves,  causeways,  landing-places,  boats,  scows  and 

may  order  re-  oars,  or  any  or  either  of  them,  are  not  in  good  repair,  or 

pairs,  &c.  by     convenient  and  suitable  for  the  purpose  of  said  ferry,  or 

select-men  of    ,1     ,       •-,  f          .      • 

towns,  in   a     "m  said  ferry  is,  in  any  respect,  not  kept  and  mamtam- 

limited  time,     ed  according  to  law,  it  shall  be  the  duty  of  such  commis- 
sioners, to  notify  one  or  more  of  the  select-men  of  the 
town,  in  which  such  ferry  is,  or  of  the  towns  between 
which  such  ferry  is,  (where  such  ferry   shall  be  over  a 
stream,  or  body  of  water,  dividing  two  towns,)  in  writing, 
pointing  out,  particularly,  the  defect  or  deficiency  com- 
plained of,  or  noticed  by  them,  with  an  order  to  such 
select-men,   that  such  defect  or  deficiency,  relative  to 
such  ferry,  be  repaired,  or  furnished,  according  to  law. 
by  said  town  or  towns,  within  a  reasonable   time,  limit- 
On  failure  of     ed  m  sucn  order  ;  and  in  case  the  said  order  is  not  com- 
repalr&Tthe1  *  Pned  with,  by  said  town,  or  towns,  in  the  time  therein 
commissioners  limited,  it  shall  be   the  duty  of  said  commissioners,  to 
-  Jhena'  cause  such  deficiency  or  defects  to  be  repaired,  and  fur- 
t   n*shed  and  supplied,  as  soon  as  possible,  to  answer  the 
to  the  county    law,  and  make  report  of  the  expense  of  the  same   to  the 

court,  to  be  al-  COunty  court,  in  the  county  where  such  town  or  towns, 
lowed  and  re-  *     -,,  ...  J       ,        ,  i    11  r      •  i  ± 

covered  against  or  one  °*  them,  is  situate  ;  and  such  court  shall  liquidate 
the  towns.        said  expence,  and  grant  execution  therefor,  in  favor  of 

said  commissioners,  against  such  town  or  towns. 
Commissioners       SECT>  8>  jf  th    commissioners  of  any  ferry,  shall  find 
may  suspend  or  ,.  ,,  ,  .  •'.         .-  ',. 

dismiss  ferry-    anv  terry-man  negligent  01  his  duty,  in  attending  said 
men  ;  ferry,  or  unqualified  for  the  same,  they  shall  have  power 

to  suspend,  or  displace  such  negligent  or  unqualified  fer- 
ry-man ;  giving  written  notice  of  the  same  to  the  town  or 
towns,  through  their  select-men,  whose  duty  it  is  made 


Title  33.     Ferries. 

by  this  act,  to  sec  that  said  ferry  is  kept  and  maintained  ; 
and  thereupon  it  shall  not  be  lawful  for  such  ferry-man, 
to  attend  said  ferry,  until  said  suspension  shall  have  ex- 
pired, or  until  he  shall  be  restored  by  said  commission- 
ers ;  and  said  town  or  towns,  shall  thereupon  employ  an- 
other man,  to  attend  said  ferry  :  and  the  number  of  ferry-  and  pi-escribe 
men  to  attend  each  boat,  shall  be  prescribed  by  the  com-  fcJLIJUS'foJ1 
missioners.     And  in  case  the  said  town  or  town/3,  when  each  boat, 
notified  as  aforesaid,  shall  not  forthwith  employ  another, 
or  a  suitable  number  of  ferry-men,  it  shall  be  the  duty  of 
the  commissioners  to  employ  one,  or  a  suitable  number,  Towns  to  fur 
at  the  expence  of  such  town  or  towns,  so  long  as  such  commissioners1 
town  or  towns  continue  in  such  neglect;  and  such   ex-  may  at  ther  ex- 
pence  shall  be  liquidated  and  recovered  in  manner  afore-  pence, 
said. 

SECT.  9.  At  each  of  the  ferries  of  New-London,  Say-  T»e  ferries  oi 
brook  and  Middletown,  and  at  all  others,  that  are,  or  may  sa^brook,  °and 
be,  so  directed,  by  the  general  assembly,  two   good  and  Middletown,  to 
sufficient  boats,  shall  be  constantly  kept,  for  the  use  of  be.  furnished 
the  same  5  and  for  the  more  speedy  accommodation  ofw 
passengers,  the  ferry-men  employed  at  those  ferries,  shall  How  mana?e(] 
not  suffer  both  of  the  boats  to  lie  at  the  same  time,  on  one- 
side  of  the  ferry,  but  as  soon  as  one  boat  ha^  crossed  such 
ferry,  the  other  boat  shall  immediately  put  off,  and  go  to 
the  other  side,  whether  there  be  any  passengers  ready  to 
•jo  over   or  not,  unless  the  other  boat  shall  immediately 
return  :  and  when   any  passengers   are  waiting  on  the 
other  side  of  the  ferry,  after  the  boat  from  that  side  has 
put  off,  the  other  ferry-boat  shall  immediately  put  off,  to 
carry  over  the  passengers ;  and  if  any  ferry-man  or  ferry-  Penalty  on  fer,- 
men,  shall  neglect  to  conform  to  the  true  intent  and  mean-  ry-mani  for 
ing  of  this  section,  he  or  they,  for  every  suqh  offence,  or  negec 
neglect,  shall  forfeit  and  pay  the  sum  of  three  dollars,  to 
any  person  who  shall  sue  for  and  prosecute  the  same,  to 
effect.     Provided  nevertheless,  that  at  the  ferry  at  Mid- 
dletown,  during  stormy,  tempestuous   weather,  and  at  town  ferry 
flood  time,  one  boat  only  shall  be  used,  which  shall  be 
manned  by  all  the  men  belonging  to  both  boats,  and  shall 
be  regularly  and  vigilantly  attended. 

SECT.  10.  The  ferry  across  Connecticut  river,  between  The  ferry  of 
the  towns  of  Middletown  and  Chatham,  shall  be  kept  {^Iettobwntl£ 
and  maintained  exclusively,  by  the  Colchester  and  Chat-  colchestef  and 
ham  turnpike   company  ;  and  the   said   company  shall  Chatham  turn, 
have  and  possess  the  said  ferry,  with  all  its  appurten-  Plke  comPan,v 
ances  and  privileges,  in  as  full  and  ample  a  manner  as 
they  have  been  heretofore  possessed  and  enjoyed,  by  the 
town  of  Middletown  ;  and  said  company  shall  become 
bound,  in  the  sum  of  two  thousand  dollars,  with  surety. 
to  the  acceptance  of  the  treasurer  of  this  state,  to  keep 

24 


170  Title  33.     Femes. 

How  furnished,  and  maintain  said  ferry,  as  is  in  this  act  provided  :  and 
in  addition  to  the  accommodations  before  in  this  act, 
prescribed  for  ferries,  the  said  turnpike  company,  shall, 
at  all  times,  provide  a  ferry-house,  sufficient  for  the  ac- 
commodation of  those,  who  attend  said  ferry,  on  each 
side  of  the  ferry,  and  near  thereto,  with  sufficient  land  for 
landing-places,  and  every  thing  necessary  and  conven- 
ient for  the  transportation  of  carnages  and  stages  over 
Proviso.  said  ferry.  Provided,  that  the  said  turnpike  company, 

in  lieu  of  the  two  boats  herein  before  prescribed,  to  be 
kept  at  said  ferry,  may,  if  they  deem  it  expedient,  provide 
One  horse-boat,  one  good  horse-boat,  sufficient  both  for  size,  strength  and 
may  be  kepi,  in  steadiness,  for  the  safe  transportation  of  passengers. 
stages,  carnages,  and  every  thing  necessary  to  be  trans- 
ported in  said  boat,  across  said  river,  at  said  ferry  ;  which 
boat  shall  be  kept  in  constant  readiness,  with  a  sufficient 
number  of  horses,  and  proper  men,  as  circumstances  may 
require,  to  manage  said  boat  in  transporting  passengers, 
and  whatever  else  may  be  necessary  to  be  transported  as 
aforesaid;  and  said  horse-boat  shall  be  regularly  and  vig- 
ilantly attended,  and  shall  ply  in  such  manner  as  shall, 
in  the  opinion  of  the  commissioners  of  said  turnpike 
road,  who  shall  be  commissioners  of  said  ferry,  accom- 
modate the  public  equally  with  the  mode  prescribed  in 
this  act,  in  relation  to  the  two  boats  at  said  ferry.  And 
the  said  turnpike  company,  may  divide  the  interest  in 
said  ferry  into  such  shares,  and  dispose  of  them  in  such 
manner,  as  they  may  deem  expedient.  And  the  town  of 
New-London,  or  their  lessees,  may,  in  like  manner,  if 
they  deem  it  expedient,  provide  a  horse-boat,  at  the  ferry 
Horse-boat  at  between  the  towns  of  New-London  and  Groton,  provided 
Is'ew-Loiidon.  such  boat  shall,  in  the  opinion  of  the  commissioners  of  the 
ferry,  accommodate  the  public  equally  with  the  mode 
prescribed  by  this  act. 

Saybrook  ferry  SECT.  11.  The  ferry  between  the  towns  of  Saybrook 
to  be  kept  by  an(j  Lyme,  called  Saybrook  ferry,  shall  be  kept  and  main- 
Saeybro°oknand  tained  by  said  towns  of  Saybrook  and  Lyme  ;  and  the 
Lyme.  town  of  Saybrook  may  receive  all  the  fare  and  emoluments 

accruing  for  the  transportation  of  passengers,  and  of 
The  west  side  every  thing  necessary  to  be  transported  across  said  ferry, 
SaybrookP  >Y  fr°m  the  west  side  of  said  ferry,  to  the  east  side  thereof ; 
and  shall  be  liable  to  all  the  expense  of  keeping  in  good 
and  sufficient  repair  the  highway  or  pathway  leading  to 
said  ferry,  on  the  west  side  thereof,  which  shall  be  kept 
above  the  tides ;  and  of  keeping  in  repair  the  wharf,  cause- 
way, landing-places  and  steps  on  said  west  side  ;  which 
wharf  and  causeway,  shall,  at  all  times,  be  kept  raised 
six  t'eet  higher  than  low  water  mark, and  shall  be.  at  least 
eighteen  feet  wide  j  and  said  town  shall  be  liable  for  one 


Title  33.     Ferries.  17} 

alf  of  the  expense  of  providing  and  keeping  in  repair, 
of  manning  and  furnishing,  all  hoats  and  scows,  necessa- 
ry to  be  used  at  said  ferry,  and  as  shall  be  directed  by 
the  commissioners  thereof.     And  the  said  town  of  Lyme, 
may  receive  all  the  fare  and  emoluments,  accruing  for  the  The  east  side 
transportation  of  passengers,  and  of  every  thing  neces-  t°  be  keilt  ^ 
sary  to  be  transported  across  said  ferry,  from  the  east 
side  to  the  west  side  thereof;  and  shall  be  liable  to  all 
the  expense  of  keeping  in  good  and  sufficient  repair,  the 
highway  leading  to  the  said  ferry-place,  on  the  east  side 
thereof,  which  shall,  at  all  times,  be  kept  above  the  tides  ; 
and  of  building,  or  keeping  in  repair,  the  wharf,  cause- 
way, landing-places  and  steps,  on  the  east  side  of  said 
ferry  ;  which  shall  be  of  the  same  height  and  width,  and. 
in  all  respects,  kept  in  the  same  manner,  as  is,  in  this  sec- 
tion,  provided  for  the  wharf,  &c.  on  the  west  side  of 
said  ferry  ;  and  said  town  of  Lyme  shall  be  liable,  for 
the  other  half  of  the  expense  of  providing  and  keeping 
in  repair,  of  manning  and  furnishing,  all  boats  and  scows 
necessary  to  be  used  at  said  ferry,  and  as  shall  be  direct- 
ed by  the  commissioners  thereof :  Provided  nevertheless,  Commission- 
that  said  commissioners  may,  at  any  time,  according  to  ers  may  deter- 
the  circumstances  of  the  case,  determine  what  part  of  ^'"tion  ofPe°- 
said  expense,  as  well  as  what  part  of  their  own  compcn-  pense,  which 
sation,  shall  be  paid  by  one  or  the  other  of  said  towns,  eac|1  town 
which  shall  then  be  paid  according  to  such  dctermina-  sha"  Po- 
tion. 

SECT.  12.  The  commissioners  of  ferries  shall  be  al-  Compensation 
lowed,  for  their  time  and  expenses,  in  attending  to  the 
duties  of  their  office,  the  same  compensation,  which,  by 
law  is,  or  may  be,  allowed,  to  commissioners  of  turnpike 
roads  ;  which  compensation  shall  be  paid,  by  the  town  or 
towns,  so  keeping,  or  corporations,  liable  by  this  act,  to 
keep  and  maintain  the  ferry,  of  which  the  said  commis- 
sioners shall  be,  respectively,  appointed. 

SECT.  13.  The  fares  of  the  several  ferries  hereinafter  Fares  offer- 
named,  shall  be  as  follows  to  wit :— At  New-London  fer-  SeV-Lo^do.n 
ry,  Middletown  ferry,  Chapman's  ferry,  Brockway's  fer-  Middletoun, 
ry,  Warner's  ferry,    Higganum's  ferry,    Haddam-Island  Chapman's 
ferry,  East-Haddam  ferry,  and  Middle-Haddam-landing  ^^f'*' 
ferry, — for  each  man,  horse  and  load,  eight  cents ;  for  Higganum's, 
each  footman,  three  cents  ;    for  each  led  horse,    five  Haddam-isl- 
cents ;  for  each  ox,  or  other  neat  kine,  eight  cents ;  for  EnasJ.Haddam 
each  sheep,  swine  or  goat,  one  cent.     And  the  fare  for  Middle-Had- 
every  two  wheeled  carriage,   with  one  man  and  draft  dam 
horse,  and  for  every  four  wheeled  carriage,  one  man  and 
draft  horse,  or  other  beast,  shall  be  double  the  fare  of  a 
man,  horse  and  load,  as  above  sta^'l :  and  for  every  ad- 


1712 


Title  33.     Ferries. 


Saybrook. 


Derby.' 


Cullick  Ely's. 


Socky-Hill. 


Pratt's. 


ditional  person  or  hofce,  or  other  beast,  the  same  as 
above  stated. 

SECT.  14.  At  Saybrook  ferry,  from  first  of  October  t6 
first  of  April ;  for  each  man,  horse  and  load,  fourteen 
cents ;  for  each  footman,  six  cents  :  for  each  led  horse 
eleven  cents  ;  for  each  ox,  or  other  neat  kine,  fourteen 
cents  ;  for  each  sheep,  swine  or  goat,  two  cents  ;  and 
from  first  of  April  to  first  of  October ;  for  man,  horse 
and  load,  eleven  cents  ;  for  each  footman,  four  cents  ; 
for  each  led  horse,  eight  cents ;  for  each  ox,  or  other 
neat  kine,  twelve  cents  -,  for  each  sheep,  swine  or  goat, 
one  cent. 

SECT.  15.  At  Derby  ferry ;  for  each  man,  horse  and 
load,  four  cents  ;  for  each  footman,  one  cent ;  for  each 
led  horsey  two  cents  ;  for  each  ox,  or  other  neat  kine, 
four  cents  ;  for  each  sheep,  swine  or  goat,  four  mills. 

SECT.  16.  At  Cullick  Ely's  ferry  ;  for  each  man,  horse 
and  load,  twelve  and  a  half  cents ,  for  each  footman, 
four  cents  ;  for  each  led  horse,  ten  cents  ;  for  each  ox,  or 
other  neat  kine,  twelve  and  half  cents  ;  for  each  sheep, 
swine  or  goat,  one  cent  and  fouf  mills.  And  at  the  three 
last  mentioned  ferries,  the  fare  for  every  two  wheeled 
carriage,  with  one  man  and  draft  horse,  shall  be  double ; 
and  for  every  four  wheeled  carriage,  one  man  and  draft 
horse,  treble  the  fare  for  man,  horse  and  load,  as  is  here* 
in  for  each  of  said  ferries  respectively  stated  ;  and  for 
every  additional  person  or  horse,  or  other  beast,  the 
same,  as  herein  for  each  stated. 

SECT.  17.  At  Rocky-Hill  ferry,  between  Wethersfield 
and  Glastenbury  ;  for  each  man  and  horse,  each  ox  or 
other  neat  kine,  four  cents  ;  for  each  footman,  three 
Cents ;  for  each  sheep  or  swine,  one  cent ;  for  each 
wheeled  carriage,  sled  or  sleigh,  and  driver,  drawn  by  one 
horse,  eight  cents ;  for  each  pleasure  carriage,  sled,  or 
sleigh,  stage,  cart,  waggon  and  driver,  drawn  by  two 
horses,  oxen  or  mules,  fifteen  cents  ;  for  each  additional 
horse,  ox  or  mule,  two  cents. 

SECT.  18.  At  Pratt's  ferry,  between  Wethersfield  and 
Glastenbury  ;  for  each  man,  horse  and  load,  six  cents ; 
for  each  footman,  three  cents ;  for  each  led  horse,  three 
cents  ;  for  each  ox,  or  other  neat  kine,  six  cents  ;  for 
each  sheep,  swine  or  goat,  one  cent ;  for  each  wheeled 
carriage,  sled  or  sleigh,  and  driver,  drawn  by  one  horse, 
ten  cents  ;  for  each  four  wheeled  carriage,  or  sleigh,  and 
driver,  drawn  by  two  horses,  fifteen  cents  ;  for  each  load- 
ed cart,  waggon  or  sled,  and  driver,  drawn  by  two  oxen, 
twenty-five  cents  ;  for  each  empty  cart,  waggon  or  sled, 
and  driver,  drawn  by  two  oxen,  twelve  and  half  cents  ; 
for  each  additional  ox  or  horse,  three  cents. 


Title  33.     Ferries.  173 

SECT.  19.  At  Kenny's  ferry,  in  Wetherslield.  and  Kenny's  and 
Ring's  ferry,  in  Suffield ;  for  each  man,  horse  and  load,  King's, 
four  cents  ;  for  each  footman  two  cents ;  for  each  led 
horse,  three  cents ;  for  each  ox,  or  other  neat  kine,  four 
cents ;  for  each  sheep,  swine  or  goat,  one  cent ;  for  each 
two  wheeled  carriage,  one  man  and  draft  horse,  nine 
cents ;  for  each  four  wheeled  carriage,  one  man  and  draft 
horse,  twelve  and  half  cents ;  for  each  ox  team,  one  man, 
two  oxen  and  load,  twenty  cents ;  for  each  waggon,  one 
man,  two  horses  and  load,  fifteen  and  half  cents  ;  and  for 
every  additional  person,  horse,  or  other  beast,  the  same 
as  above  stated. 

SECT.  20.  At  East-Windsor  ferry,  at  the  mouth  of  Scan-  Scantick, 
tick ;  for  each  man  and  horse,  each  ox,  or  other  neat 
kinc,  eight  cents  ;  for  each  led,  or  draft  horse  or  mule, 
four  cents;  for  each  footman,  three  cents;  for  each 
sheep,  swine  or  goat,  one  and  half  cent ;  for  each  wheel- 
ed carrige,  sled  or  sleigh,  and  driver,  drawn  by  one  horse, 
twelve  and  half  cents  ;  for  each  pleasure  carriage,  sleigh 
or  sled,  stage,  cart,  waggon  and  driver,  drawn  by  two 
oxen,  horses  or  mules,  twenty-five  cents  ;  for  each  addi- 
tional ox,  horse  or  mule,  four  cents. 

SECT.  21.  At  East- Windsor  ferry,  at  the  Warehouse-  Warehouse 
point ;  for  each  man,  horse  and  load,  six  and  quarter  Point- 
cents ;  for  each  man,  horse  and  load,  from  first  of  Decem- 
ber, to  first  of  June,  twelve  and  half  cents  ;  for  each 
footman,  two  cents  ;  for  each  led  horse,  four  cents  ;  for 
each  led  horse,  from  the  first  of  December,  to  the  first  of 
June,  six  and  quarter  cents ;  for  each  ox,  or  other  neat 
kinc,  six  and  quarter  cents  ;  for  each  sheep,  swine  or  goat, 
seven  mills  ;  for  each  two  wheeled  carriage,  one  man 
and  draft  horse,  twelve  and  half  cents ;  for  each  four 
wheeled  carriage,  one  man  and  draft  horse,  eighteen  and 
three  quarters  cents  ;  for  each  ox  team,  one  man,  two 
oxen  and  load,  twenty-nine  cents  ;  for  each  waggon,  one 
man,  two  horses  and  load,  twenty-five  cents  ;  and  for  ev- 
ery additional  person,  or  horse,  or  other  beast,  the  same 
as  above  stated. 

SECT.  22.  At  Enfield  and  Suflield  ferry,  at  the  mouth  Enfield  and 
of  fresh-water  brook ;  for  a  man,  horse  and  load,   four  Suffield- 
cents  ;  for  each  footman  two  cents  ;  for  each  led  or  draft 
horse,  three  cents ;  for  each  ox,  or  other  neat  kine,  four 
cents ;  for  each  sheep,  swine,  or  goat,  six  mills  ;  for  each 
two  wheeled  carriage,  one  man  and  horse,  nine  cents  ;  for 
each  four  wheeled  carriage,  one  man  and  horse,  twelve 
and  half  cents ;  for  each  four  wheeled  carriage,  one  man 
and  two  horses,  seventeen  cents ;  for  each  four  cattle 
team,  with  one  man,  cart,  waggon  or  sled,  twenty-five 


174 


Title  34.     Firemen Title  35.    Fisheries. 


l)erby  Nar- 
rows. 


Fares  for  four 
wheeled  car- 
riages drawn 
by  one  horse. 


cents ;  and  for  every  additional  person,  horse,  ox,  or  oth- 
er neat  kine,  the  same  as  above  stated. 

SECT.  23.  At  Derby  ferry,  at  the  Narrows  ;  for  each 
man,  horse  and  load,  six  cents  ;  for  each  footman,  tbree 
cents  5  for  each  led  horse,  four  cents ;  for  each  ox,  or 
other  neat  kine,  six  cents ;  for  each  two  wheeled,  or  four 
wheeled  cariage,  with  one  man  and  one  horse,  twelve 
and  half  cents ;  for  each  four  wheeled  carriage,  with  one 
man  and  two  horses,  twenty-five  cents ;  for  each  swine, 
sheep  or  goat,  one  cent ;  for  each  additional  person,  or 
horse,  or  other  beast,  the  same  as  above  stated. 

SECT.  24.  The  fares  of  the  several  ferries  for  four- 
Avheeled  carriages  drawn  by  one  horse,  shall  be  the  same 
as  for  two  wheeled  carriages  drawn  by  one  horse. 

TITLE  34.     Firemen. 


An  Act  respecting  Firemen  and  Fire  Companies. 


B 


)E  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  in  the  ap- 
pointment of  men  to  serve  in  the  several  engine  compa- 
Age  of  mem-     nies  in  this  state — regard  shall  be  had,  to  the  age  of 

bers  of  engine    persons  to  be  appointed,  so  that  said   companies  may  be 
companies.  ,.    ,      .,,   ,  ,.  r,,  r  ,.,  Jj. 

supplied  with  their  quota  of  men  01  the  age  of  twenty-five 

years  and  upwards — but  said  men  are  in  no  case  to  be 
appointed  from  any  enlisted  company  or  companies ;  an\ 
law  to  the  contrary  notwithstanding. 


TITLE  35.     Fisheries. 


Towns  em- 
powered to 
make  by-laws 
for  the  regu- 
lation of  fish- 
eries. 


Limitation  of 
penalty. 

Towns  to 
make  by-laws 
respecting 
fishing  of  oys- 
ters and  clams. 


An  Act  for  encouraging  and  regulating  Fishe- 
ries. 

' 

TJE  it  enacted  by  the  Senate  and  House  of  Rep  f 
J  *  *  JLP  resentatives  in  General  Assembly  convened^ 
That  every  town  shall  have  power  and  authority,  in  town 
meetings,  to  make  by-laws  for  the  regulation  of  fisheries 
in  the  streams  within  their  respective  limits,  and  for  the 
preservation  offish  therein,  and  to  impose  such  penalties 
for  the  breach  thereof  as  they  may  think  proper  ;  provi- 
ded that  no  penalty  shall  exceed  the  sum  of  seventeen 
dollars  ;  and  no  by-law  shall  be  contrary  to  the  laws  of 
the  state.  And  every  town,  having  clams  and  oysters 
within  their  respective  limits,  or  in  the  waters  and  flat? 
to  them  adjoining  and  belonging,  shall  have  power  to 
make  by-laws  to  regulate  the  .fisheries  of  such  clams  and 


Title  35.     Fisheries. 

oyster's,  and  to  preserve  the  same ;  and  to  impose  such  /£, 
penalties,  not  exceeding  seventeen  dollars,  for  the  breach 
of  such  by-laws,  as  they  may  think  proper. 

SECT.  2.  No  person  or  persons,  shall  take  or  catch  any  Connecticut 
shad  or  salmon  in  Connecticut  river,   at  any  other  time  river- 
than  between  the  fifteenth  day  of  March,  and  the  twen-  Timeoffisb.ng. 
ty-fifth  day  of  June,  in  each  year  ;  and  within  that  period, 
no  person  or  persons  shall  set  or  draw  any  net,  seine,  or 
seines,  for  the  purpose  of  taking  fish  in  said  river,  at  any 
other  time  than  between  the  rising  of  the  sun  on  Monday 
morning  and  the  setting  of  the  sun  on  Saturday  evening, 
of  each  week ;  and  every  person,  who  shall,  at  any  other 
time,  take  any  shad  or  salmon,  or  set  or  draw  any  net  or 
seine,  in  said  river,  or  be  aiding  or  assisting  therein,  shall 
forfeit  and  pay  the  sum  of  one  hundred  dollars,  to  the 
treasury  of  the  state. 

SECT.  3.  All  nets,  seines  and  boats,  used  in  fishing,  con-  Forfeitures  of 
trary  to  this  act,  on  said  Connecticut  river,  except  so  bo'atTuse^d  con- 
much  thereof,  as  relates  to  the  length  of  seines,  or  shall  be  trary  to  law. 
used  in  any  other  river,  contrary  to  the  statutes  of  the 
state,  regulating  the  shad-fishery,  where  the  same  may  be 
so  used,  except  as  aforesaid,  shall  be  forfeited,  to  him  or 
them  who  shall  complain  and  inform,  and  shall  prosecute 
his  or  their  information  to  effect.     And  upon  complaint  Mode  of  pros- 
and  information,  to  any  justice  of  the  peace,  in  anycoun-  ecution, 
ty  where  such  nets,  seines,  or  boats  may  have  been  so  used, 
or  may  be  found,  such  justice  is  hereby  empowered  to  is- 
sue his  warrant,  taking  good  and  sufficient  bond  for  pros- 
ecution, directed  to  some  proper  officer,  or,  in  case  of  ne- 
cessity, to  some  indifferent  freeholder,  requiring  them  to 
seize  such  net,  seine,  or  boat,  and  hold  the  same  :  who 
shall  forthwith  give  notice  to  the  owner  or  owners  there- 
of by  reading  said  complaint  and  warrant,  in  his  or  their 
hearing,  or  by  leaving  at  his  or  their  usual  place  or  pla- 
ces of  abode,  a  true  and  attested  copy  of  the  same,  to  ap- 
pear before  said  justice ;  and  if  said  justice,  after  having 
heard  said  complaint  or  information,  and  the  testimony 
adduced  by  the  parties,  shall  be  of  opinion,  that  said  net, 
seine,  or  boat,  has  been  used  contrary  to  law,  such  justice 
shall  order  said  officer,  or  indifferent  freeholder,  to  hold 
such  net,  seine,  or  boat,  unless  the  same  shall  be  replevied 
according  to  law,  until  final  judgment  shall  be  rendered 
on  the  same,  in  the  county  court,  in  the  county  where  the 
offence  shall  have  been  committed,  to  which  court  said 
complaint  or  information  shall  be  removed,  by  such  jus- 
tice.    But  if  such  justice,  after  hearing  such  complaint 
or  information,  shall  be  of  opinion,  that  said  net,  seine,  or 
boat,  seized  as  aforesaid,  has  not  been  used  contrary  to 
law,  then  he  shall  dismiss  such  prosecution,  and  the  own- 


176 


Title  35.     Fisheries. 


Fishing  with 
drift,    drag,   or 
gill  nets,  within 
certain     limits, 
prohibited ; 


and  the  net  to 
be  deemed  a 
common  nui- 
sance. 

Nets,  seines, 
boats,  &tc.  used 
contrary  to  law, 
1o  be  forfeited. 


information. 

Adjournment. 
Notice. 

Trial 


Sale 


Disposition  of 
avails. 


er  or  owners  of  said  net,  seine  or  boat,  shall  recover  hi* 
or  their  costs. 

SECT.  4.  If  any  person  shall  set,  use,  or  draw  any  drift, 
drag  or  gill  net,  or  aid  or  assist  therein,  upon  or  across 
any  located  or  private  fishery  in  Connecticut  river,  or  in 
said  river  below  a  line  drawn  directly  across  it  from  Lyme 
ferry  wharf,  or  in  Long-Island  sound,  within  three  miles 
easterly,  southerly,  or  westerly  of  a  line  drawn  across 
said  river,  due  east  from  Saybrook  light-house,  such  per- 
sons shall  forfeit  and  pay  a  fine  of  fifty  dollars  to  the  treas- 
ury of  the  county  where  the  offence  shall  be  committed  ; 
and  every  such  drag,  drift,  or  gill  net,  so  set,  used,  or 
drawn  below  said  line,  from  Saybrook  to  Lyme  ferry 
wharf,  or  in  Long-Island  sound,  within  three  miles  easter- 
ly, southerly  or  westerly  of  said  line,  drawn  due  east  from 
Saybrook  light-house,  shall  be  deemed  a  common  nui- 
sance, and  may  be  taken,  abated,  and  destroyed  by  any 
person  as  such. 

SECT.  5.  All  and  any  nets,  sein.es,  boats  or  other  fish- 
ing apparatus,  used  on  Connecticut  river,  contrary  to 
law,  shall  thereby  be  forfeited,  and  may,  at  any  time 
thereafter,  within  six  months,  be  seized,  by  any  constable 
or  gran/I  juror  of  the  town,  in  which  the  same  may  have 
been  unlawfully  used,  or  in  which  the  same  may  be  found 
— or  by  any  sheriff,  deputy  sheriff,  or  attorney  for  the 
state  of  the  county  in  which  such  town  may  be  situated : — 
and  it  shall  be  the  duty  of  each  of  said  several  officers,  on 
view  or  notice,  to  make  such  seizure  accordingly  : — and 
the  officer  so  seizing  shall,  within  five  days  thereafter,  file 
an  information  against  such  boat,  net,  seine  or  seines,  or 
other  fishing  apparatus — before  a  justice  of  the  peace  of 
the  town  where  such  seizure  was  made,  or  an  adjoining 
town  ;  and  said  justice  shall  adjourn  the  trial  of  said  in- 
formation for  seven  days  from  the  filing  thereof,  and  fix 
the  time  and  place  of  trial,  of  which  public  notice  shall  be 
given  by  the  seizing  officer,  by  advertisement  on  the  pub- 
lic sign  post  in  the  town  where  such  seizure  may  have 
been  made  at  least  five  days  before  the  time  of  trial,  that 
all  persons  interested  may,  if  they  see  cause,  appear  and 
be  made  joint  or  several  respondents  and  be  heard — and. 
^aid  justice  shall  proceed  to  hear  and  determine  such  in« 
formation — and  if  such  boat,  net,  seine  or  seines  or  other 
fishing  apparatus  shall  be  adjudged  forfeited,  said  justice 
shall  order  a  sale  thereof,  by  a  sheriff,  deputy  sheriff  or 
constable,  at  public  or  private  sale,  and  the  avails  thereof 
shall  be  paid  over  to  said  justice,  who  after  deducting  the 
costs  and  charges  of  condemnation  and  sale,  which  heshall 
pay  over  to  the  persons  respectively  entitled  thereto,  he 
shall  pay  the  residue  thereof  into  the  treasury  of  the  town 


Title  35.     Fisheries.  177 

v»*hefe  such  seizure  was  made — if  the  property  so  adjudg- 
ed to  be  forfeited  shall  exceed  in  value  the  sum  of  seven 
dollars,  of  which  the  justice  shall  be  the  judge,  an  appeal  Appeal, 
shall  he  allowed  to  the  next  county  court,  in  the  county 
where  the  said  trial  may  have  been  had — in  case  of  an 
appeal  the  claimant  or  claimants  so  appealing  shall  give 
'bond  with  surety  to  the  treasurer  of  the  town,  where  such  Bond, 
seizure  is  made,  to  prosecute  the  appeal  to  effect,  and 
pay  all  cost  and  damages  if  the  plea  be  not  made  good. 

SECT.  6.  The  person  or  persons  using  any  net,  seine,  The  persou 

seines  or  boat  or  other  fishing  apparatus  used  contrary  to  tsm.s  ,fn^  netj 
~  ,,  .  -IT,,  '         fiic.tobe  deem- 

the  provisions  ot  this  act,  may  be  considered  the  owner  ed  the  owner. 

or  owners  thereof,  in  any  complaint  or  information  com- 
menced to  procure  a   condemnation  or  forfeiture — and 
the  remedies,  fines  and  forfeitures  provided  by  the  fifth  Remedies,  fines 
and  sixth  sections,  shall  be  deemed  and  considered  to  be  *°d  forfe'*01*8 
in  addition  to  the  remedies,  fines  and   forfeitures  previ-  be  considered 
ously  prescribed  in  this  act.  additional. 

SECT.  7.  No  person  or  persons  shall  draw  or  use  any  ousatonic  riv- 
Seine,  or  other  fish-craft,  for  the  taking  of  fish,  in  Ousa-  er- 
tonic  river,  or  any  part  thereof,  except  between  the  rising  Timje  of  fishing' 
of  the  sun  on  Monday  morning,  and  the  rising  of  the  sun 
on  Saturday  morning,  in  each  week,  in  the  months  of 
April,  May,  June  and  July,  annually,  on  the  penalty  of 
forfeiting  one  hundred  dollars,  and  the  seine,  or  other  im- 
plements made  use  of  in  taking  fish,  to  him  who  shall  sue 
therefor,  and  prosecute  his  suit  to  effect. 

SECT.  8.  No  person  shall  set  or  draw  any  seine,  for  the  Time  of  fishing 

purpose  of  catching  fish,  between  the  fifteenth  day  of  f  * th?  moirta  Ol 

~  T  the  nvejp, 

March,  and  the  fifteenth  day  01  June,  in  any  year,  near 

the  mouth  of  Ousatonic  river,  between  the  place  called 
Half-moon-point,  or  Quimbo's-neck-poirit,  or  south  of 
an  cast  or  west  line,  from  said  Quimbo's-neck-point  to 
Milford-beach-point,  or  within  half  a  mile  east  and  west, 
on  each  side  of  the  mouth  of  said  river :  and  not  more 
than  one  seine  shall  be  used  during  each  tide,  at  any  fish- 
ing-place, on  any  part  of  said  river.  And  no  seine  shall 
be  used  in  said  river  of  a  greater  length  than  thirty  rods,  Length  of  sein^ 
en  pain  of  forfeiting  fourteen  dollars,  one  half  to  him  who 
shall  sue  therefor,  and  prosecute  his  suit  to  effect,  and 
the  other  half  to  the  treasury  of  the  county  wherein  the 
offence  is  committed  •,  and  also  the  seine,  ropes,  and  other 
implements,  so  used  for  catching  fish,  to  be  appropriated 
as  aforesaid. 

SECT.  9.  No  eel  wears,  eel  racks,  or  walls,  with  eel  Obstruction  of 
pots  or  dams,  for  the  purpose  of  catching  fish,  or  other  ^  rfve^befow 
purposes,  shall  be  set,  erected  or  made  in,  on,  or  across  New-Miiford 
the  Ousatonic  river,  at  any  place  below,  New-Milford  fails,   projijb.it- 
iialls,  at  any  season  of  the  year,  which  will  impede  or  oh-  e 


178  Title  35.     Fisheries. 

struct  the  natural  and  usual  course  of  the  fish,  either  up 
or  down  said  river  ;  and  whosoever  shall  erect  or  make 

Penally.  any  such  obstruction,  shall  forfeit  and  pay  the  sum  of  one 

hundred  dollars,  to  the  use  of  him  who  shall  sue  therefor, 

/ion  °toStlbe       an^  Prosecute  his  suit  to  effect ;  and  every   such  wear, 

deemed  a  com-  wall,  rack,  or  obstruction,   shall  be  deemed   a  common 

mon  nuisance,    nuisance,  and  may  be  removed  as  such. 

SECT.  10.  When  any  person  or  persons  have  been  at 

Fishing-places.  ^  ^p^gg  of  clearing  any  fishing-place  or  places,  in 
Ousatonic  river,  between  the  mouth  thereof  and  Leaven- 
worth's  ferry,  and  have  constantly  used  the  same  for  ta- 
king fish,  in  the  season  thereof ;  or  where  any  person  or 
persons  shall  hereafter  clear  any  fishing-place,  within 
such  limits,  and  constantly  use  the  same,  in  the  season 
of  fishing  ;  he  or  they  shall  be  established  in  the  full  en- 
joyment thereof,  so  long  as  he  or  they  continue  to  use  the 
same,  for  the  purpose  of  fishing,  in  the  proper  season, 
and  shall  not  be  liable  to  any  action  for  damages  below 
high-water  mark. 

No  Tiush-seine       SECT.  11.  No  person  shall  use  any  bush-seine  in  said 

other  "tftr  °-  r*ver'  or  m  anv  wav  obstruct,  incumber,  or  impede  the 

Hon.  drawing  of  seines,  or  the  taking  of  fish,  in  any  of  the  fish- 

ing-places, cleared  as  aforesaid,  either  by  felling  trees, 
or  by  sinking  logs,  or  other  incumbrances  therein,  or  in 
any  other  manner ;  on  penalty  of  sixty-seven  dollars,  for 
every  such  offence,  one  half  to  him  who  shall  sue  there- 
for and  prosecute  his  suit  to  effect,  and  the  other  half  to 
the  treasury  of  the  county  wherein  the  conviction  is  had. 

"VVindsor-ferry  SECT.  12.  No  person  or  persons  shall  draw  any  seine 
in  Windsor-ferry  river,  for  the  purpose  of  taking  fish,  af- 

'Time  of  fishing,  ter  the  setting  of  the  sun  on  Friday  evening,  and  before 
the  setting  of  the  sun  on  Monday  evening,  in  any  week,  in 
the  months  of  May  and  June,  annually  ;  nor  drive  the 
fish,  in  any  manner,  so  as  to  impede  or  divert  them  from 
their  natural  or  usual  course,  on  penalty  of  thirty-four 
dollars,  one  half  to  him  who  shall  sue  therefor,  and  pros- 
ecute his  suit  to  effect,  and  the  other  half  to  the  treasury 
of  the  county  wherein  the  conviction  is  had. 

No  mill-dam  to      SECT.  13.  No  person  or  persons  shall  build  or  contin- 
be  erecied  •  „  j  r  ,,        j  .  •.     .  .,, 

without  a         ue  a  mill-dam,  or  other  dam,  across  said  river,  in  either 

ay.  of  the  towns  of  Windsor,  Granby,  Simsbury  or  Farming- 
ton,  unless  he  or  they  shall  open  a  sluice-way  in  such 
dam  twelve  feet  in  width,  and  within  nine  inches  of  the. 
bottom  of  said  river,  and  in  a  proper  place  convenient  for 
the  passage  of  fish  through  such  opening,  and  the  same 
sluice-way  keep  open  the  width  and  depth  aforesaid, 
from  the  tenth  day  of  April  to  the  twenty-fifth  day  of 
June  ;  and  whosoever  shall  be  guilty  of  a  breach  of  this 
section  of  this  act,  shall  forfeit  and  pay  the  sum  of  one 


Title  35.    fisheries.  179 

hundred  dollars,  one  half  to  him  or  them  who  shall  sun 
therefor  and  prosecute  his  suit  to  effect,  and  the  other 
half  to  the  treasury  of  the  county  wherein  the  offence  is 
committed  :  and  the  court  before  whom  such  conviction 
is  had,  shall  order  such  dam  to  be  removed,  at  the  ex- 
pense of  the  owner  or  owners  thereof:  and  every  mill- 
dam,  so  erected  and  continued  on  said  river,  where  no 
sluice-way  is  kept  open,  agreeably  to  the  provisions  of 
this  act,  shall  be  deemed  a  common  nuisance,  and  maybe 
removed  by  any  person  whatsoever,. 

SECT.  14.  If  any  person  or  pers&is  shall,  at  anytime  No  obstruction 
between  the  twenty-fifth  day  of  April  and  the  tenth  day  to  be  made 
of  June,  in  each  year,  erect  or  place  any  gill-nets,  pot- 
nets,  pounds,  wears  or  any  other  obstructions,  within 
ten  rods  of  the  sluices  in  the  dams  erected  in  said  river, 
according  to  the  provisions  of  this  act,  whereby  the  pas- 
sage of  the  fish  up  the  said  sluices  and  river  may  be  in- 
terrupted or  impeded  ;  such  person  or  persons  shall,  for 
every  such  offence,  forfeit  and  pay  the  sum  of  one  hun- 
dred dollars,  one  half  to  him  or  them  who  shall  sue  there- 
for, and  prosecute  his  or  their  suit  to  effect,  and  the  other 
half  to  the  treasury  of  the  county  wherein  the  offence  is 
committed. 

SECT.  15.  No  person  shall  draw  any  seine,  or  other  Quinebaug  riv-* 
fish-craft,  in  Quinebaug river,  or  in  Shetucket  river,  below  ei 
the  junction  of  that  river  with  the  Quinebaug,  or  fish 
with  scoop-nets,  at  any  of  the  falls,  dams  or  sluice-ways, 
on  said  rivers,  except  between  the  setting  of  the  sun  on  Timc  °f  fi£h»'g- 
Monday  evening,  and  the  rising  of  the  sun  on  Friday 
morning,  in  each  week,  in  the  months  of  April,  May,  and 
June,  annually,  upon  the  penalty  of  one  hundred  dollars, 
to  the  use  of  him  who  shall  sue  therefor,  and  prosecute 
his  suit  to  effect. 

SECT.  16.  No  person  shall  draw  any  seine,   or  other  Shetucket, 
fish-craft,  in  Shetucket  river,  above  the  junction  of  that  Vv  iihmantic, 
river  with  the  Quinebaug,  or  in  Willimantic,  and  Nachaug  j^ers.8 

rivers,  except  between  the  setting  of  the  sun  on  Monday  _ 

.,,  .     J  Time  of  fishing, 

evening,  and  the  rising  ol  the  sun  on  baturday  morning, 

in  each  week,  in  the  months  of  April,  May,  and  June, 
annually,  upon  the  penalty  of  one  hundred  dollars  to  the 
use  of  him  wht)  shall  sue  therefor,  and  prosecute  his  suit 
to  effect. 

SECT.  17.  No  eel-wears,  or  wall  with  eel-pots,   shall  Obstructions 
be  set,  erected  or  made,  on  or  across  Quinebaug  river  pro 
Shetucket  river,  Willimantic  river,  or  Nachaug  river,  at 
any  season  of  the  year,  which  will  impede  or  obstruct  the 
natural  and  usual  course  and  passage  of  the  fish,  either 
fcp  or  down  stream  ;  and  whosoever  shall   be  guilty  of 
making  or  erecting  any  such  obstructions,  shall  forfeit 


180  Title  35.     Fisheries. 

thesnm  of  one  hundred  dollars,  to  the  use  of  him  who  shall 
sue  therefor,  and  prosecute  his  suit  to  effect ;  and  on  con- 
viction, the  court  may  order  such  obstructions  to  be  re- 
moved, at  the  expense  of  the  persons  who  erected  the 
same  :  and  every  such  obstruction  shall  be  considered  a 
common  nuisance,  and  may  be  removed  as  such. 

Selden's  cove,  SECT.  13.  No  person  shall  draw  any  seine,  or  other 
er'ln^-me™"  nsn~craftj  m  Selden's  cove,  Eight-mile  river  in  Lyme, 
and  Sumner's  nor  in  any  of  the  streams  that  empty  themselves  into  said 
creek.  rivers,  nor  in  Sumner's  creek  in  Middletown,  except 

between  the  setting  oflttie  sun  on  Monday  evening,  and 
Time  of  fisbmg.  ^  rjsjng  of  ulc  sun  on  Saturday  morning,  in  each  week, 
in  the  months  of  April,  May,  and  June,  annually,  on  pen- 
alty of  fourteen  dollars,  one  half  to  him  who  shall  sue 
therefor,  and  prosecute  his  suit  to  effect,  and  the  other 
half  to  the  use  of  the  town  wherein  the  offence  is  com- 
mitted :  which  penalty  may  be  recovered  in  an  action 
brought  before  a  justice  of  the  peace  ;  and  no  appeal 
shall  be  allowed. 

Obstructions  SECT.  19.  No  wears,  hedges,  fish-garths,  or  other  ob- 
prohibUed.  structions  or  incumbrances,  shall  be  erected  or  made,  on 
or  across,  Windsor-ferry  river,  Selden's  cove,  or  Eight- 
mile  river  in  Lyme,  nor  any  of  the  streams  that  empty 
themselves  into  them,  or  on,  or  across  Sumner's  creek 
in  Middletown,  or  in  Quinebaug.  Shetucket,  Willimantic 
or  Nachaug  rivers,  so  as  to  impede  or  obstruct  the  natur- 
al and  usual  course  and  passage  of  the  fish,  in  their  sea- 
sons, up,  or  in  any  of  said  rivers,  coves,  or  creeks  ;  and 
whosoever  shall  be  guilty  of  a  breach  of  this  section,  shall 
forfeit  one  hundred  dollars,  to  any  person  who  shall  sue 
therefor,  and  prosecute  his  suit  to  effect  :  and  the  court 
shall  order  every  such  obstruction  to  be  removed,  at  the 
expense  of  the  party  who  erected  it ;  and  the  same  shall 
be  deemed  a  common  nuisance,  and  may  be  removed  a^ 
such :  Provided,  that  no  person  shall  remove  any  mill- 
dam,  until  the  same  has  been  adjudged  to  be  a  nuisance, 
by  the  superior  or  county  court. 

Fishery  in  the  SECT.  20.  No  person  or  persons  shall  draw  any  seine, 
river  Thames  Or  other  fish  craft  in  the  river  Thames,  above  a  line  drawn 
due  east  from  Winthrop's  point  to  Groton  shore,  except- 
ing between  the  Setting  of  the  sun  on  Monday  evening, 
and  the  rising  of  the  sun  on  Saturday  morning,  in  each 
week,  from  the  twentieth  day  of  April,  to  the  twentieth 
day  of  June,  in  each  year,  on  penalty  of  one  hundred 
dollars,  to  the  use  of  the  person  who  shall  sue  therefor, 
and  prosecute  such  suit  to  effect. 

Obstructions          SECT.  21.  No  wears,"  hedges,  fish-garths,  or  other  ob- 

probibited.        structions,  or  incumbrances,  shall  be   set,   erected,   or 

made,  on  or  across  the  river  Thames,  above  the  south  line 


Title  35.     Fisheries.  J81 

of  Paukatannac  cove,  so  as  to  impede  or  obstruct  tin 
natura;  and  usual  course  and  passage  of  the  fish,  in  their 
season,  in,  or  up  said  river  :  and  whosoever  shall  be  guil- 
ty of  a  violation  of  this  section,  shall  forfeit  one  hundred 
dollars,  to  the  use  of  him  who  shall  sue  therefor,  and 
prosecute  his  suit  to  effect. 

SECT.  22.  Keys'  brook,  that  runs  from  Quinebaug  Key.s'  brook,  IL 
pond  to  Quinebaug  river,  in  the  town  of  Killingly,  for  the 
purpose  of  fishing  therein,  shall  be  divided  into  two  parts;  Two  parts, 
that  is,  the  first  part  extending  from  the  said  river  east- 
ward, to  the  public  road  that  crosses  said  brook,  and  the 
second  part  shall  extend  from  said  road  eastward  to  said 
pond ;  and  no  person  or  persons  shall  fish,  with  any  scoop- 
net,  seine,  or  other  fish-craft,  in  the  first  part  of  said 
brook,  except  between  the  rising  of  the  sun  on  Monday 
morning,  and  the  rising  of  the  sun  on  Wednesday  morn- 
ing :  and  no  person  or  persons  shall  fish,  with  any  scoop- 
net,  seine,  or  other  fish-craft,  in  the  other  part  of  said 
brook,  except  between  the  rising  of  the  sun  on  Wednes-  Time  of  fishing, 
day  morning,  and  the  rising  of  the  sun  on  Friday  morn- 
ing, in  each  week,  during  the  months  of  April,  May,  and 
June,  in  each  year  :  and  whosoever  shall  be  guilty  of  a 
breach  of  this  section,  or  be  aiding,  or  abetting  therein, 
shall  forfeit  thirty-four  dollars,  to  the  use  of  him  who  may 
sue  therefor,  and  prosecute  his  suit  to  effect. 

SECT.  23.  No  person  shall,  at  any  time,  during  flood  New-Haven 
tide,  station  or  draw  any  seine,  or  other  fish-craft,  in 
New-Haven  east-river,  between  Mansfield's  bridge  and 
Doolittle's  mills,  or  in  said  river  below  Doolittle's  mills  : 
and  no  person  shall  set  or  draw  any  seine,  or  other 
lish-craft,  in  said  river,  between  the  bridge  and  mills  Time  of  fishing, 
aforesaid,  from  the  setting  of  the  sun  on  Wednesday 
evening,  until  the  setting  of  the  sun,  on  Thursday 
evening,  in  each  week  :  and  every  person  guilty  of  a 
breach  of  this  section,  shall  forfeit  the  sum  of  fourteen 
dollars,  one  half  to  him  who  shall  sue  therefor,  and  prose- 
cute his  suit  to  effect,  and  the  other  half  to  the  treasury 
of  the  county,  wherein  the  offence  is  committed  ;  and 
shall  also  forfeit  the  seine,  ropes,  and  other  implements 
used  for  catching  fish,  contrary  to  this  section,  to  be  ap- 
propriated as  aforesaid. 

SECT.  24.  No  person  shall  set  or  draw  any  seine,  or  Obstructions 
otherwise  obstruct  the  course  of  the  fish,  into,  or  up  Sel-  prohibited, 
den's  creek  in  Lyme,  within  forty  rods  eastward  of  the 
mouth  of  said  creek,  on  Connecticut  river,  or  within  sixty 
rods  within  said  creek,  or  at  any  place  below  the  Ho- 
mock,  on  penalty  of  forfeiting  thirty-four  dollars,  to  him 
who  shall  sue  therefor,  and  prosecute  his  suit  to  effect ; 
provided  that  the  proprietors  of  the  Hpmock  may,  at  all 


182 


Title  35.     Fisheries. 


Obstructions 
in  Faukatuck 
river  prohibit- 
ed. 


Times  offish- 
ing. 


Passages  to 
be  kept  open 
through  mill- 
danrs. 


Penalty  for 
refusal. 


seasons  fish  at  that  place ;  and  the  proprietors  of  land 
adjoining  said  creek,  below  the  Homock,  not  within  sixty 
rods  of  the  mouth  of  the  creek,  may  fish  on  their,  own 
land,  on  the  tide  of  ebb  only,  after  the  eighteenth  day  of 
May,  annually. 

SECT.  25.  No  wear,  pound  or  other  obstruction,  shall 
be  erected,  or  continued  in  the  channel  of  Paukatuck 
river,  dividing  the  states  of  Connecticutand  Rhode-Island, 
so  as  to  interfere  with  the  m&in  channel  of  said  river, 
upon  penalty  of  twenty  dollars,  for  the  first  offence,  and 
seven  dollars  for  every  twenty-four  hours,  or  any  less 
space  of  time,  any  such  wear  or  other  obstruction  shall 
be  continued  in  the  main  channel  of  said  river,  after  the 
first  offence. 

SECT.  26.  No  person  or  persons,  shall  be  permitted 
to  draw  any  seine  or  seines  in  said  Paukatuck  river, 
from  the  twentieth  day  of  March,  to  the  first  day  of 
June,  annually,  excepting  between  the  rising  of  the  sun 
on  Monday  morning,  and  the  rising  of  the  sun  on  Thursday 
morning,  in  each  week,  on  penalty  of  twenty  dollars, 
for  each  and  every  time  such  seine  shall  be  set  or  drawn, 
otherwise  than  as  aforesaid  ;  and  no  person  or  persons 
shall  be  permitted  to  throw  any  stones  into  said  river, 
upon  penalty  of  seven  dollars,  for  each  and  every  such 
offence,  to  the  end  that  the  fish  may  more  freely  pass  to 
the  various  sources  of  the  river  aforesaid. 

SECT.  27.  Yearly,  and  every  year,  from  the  twenti- 
eth day  of  March,  to  the  first  day  of  June,  there  shall 
be  a  passage  opened  in  the  mill-dam,  below  Paukatuck 
bridge,  from  the  bed  or  bottom  of  said  river,  twenty  feet 
in  length,  to  extend  ten  feet  easterly,  and  ten  feet 
westerly  from  the  middle  of  said  river  ;  and  similar  pas- 
sages shall  be  opened,  in  manner  as  aforesaid,  in  all  the 
other  rnill-dams  in  said  river,  of  fifteen  feet  in  length,  ex- 
cepting Sanford  Taylor's  mill-dam,  which  shall  be  open- 
ed twenty  feet  in  length,  ten  feet  between  the  middle  of 
said  river,  and  the  easterly  shore,  and  ten  feet  between 
the  middle  of  said  river,  and  the  western  shore,  in  the 
most  convenient  places  for  the  fish  to  pass  in  said  river  ; 
and  the  owner  or  owners,  occupier  or  occupiers  of  any 
of  the  dams  aforesaid,  who  shall  neglect  or  refuse  to 
open  the  passage  or  passages  as  aforesaid,  on  or  before 
the  said  twentieth  day  of  March  annually,  shall  forfeit 
the  sum  of  twenty  dollars  for  every  such  refusal  or  neg- 
lect ;  and  for  every  succeeding  day,  neglect  or  refusal  to 
open  a  passage  or  passages  as  aforesaid,  from  the  said 
twentieth  day  of  March  to  the  first  day  of  June  annually, 
the  offender  or  offenders  shall  forfeit  one  other  sum  of 
seven  dollars.  No  person  or  persons,  shall  be  permitted 


Title  35.     Fisheries.  183 

to  erect  or  continue  any  wear,   or  other  obstructions, 

within  sixty  feet  of  the  gaps  in  said  mill-dams,  upon  pen-  Penalty  for 

alty  of  seven  dollars  for  the  first  offence,  and  four  dollars 

for  every  succeeding  day,  or  less  space  of  time,  said  ob-  ings. 

structions  shall  continue  in  said  river,  from  the  twentieth 

day  of  March  to  the  first  day  of  June,  annually. 

SECT.  28.  No  wear  or  pound  shall  be  erected  or  con-  Wears  and 
tinued  upon  any  flat,  or  other  part  of  the  bottom  of  said  fSSfed,  Fu  cee- 
river,  eastward  or  westward  of  the  aforesaid  channel  of  tain  periods. 
said  river,  between  the  first  day  of  June  and  the  twenti- 
eth day  of  March,  annually,  upon  penalty  of  fourteen  dol- 
lars for  the  first  offence,  and  seven  dollars  for  every  suc- 
ceeding day  such  wear  or  pound  shall  be  continued  in 
said  river,  from  the  first  day  of  June  to  the  twentieth  day 
of  March  annually. 

SECT.  29.  No  person  or  persons  shall  be  permitted  to  Times  of  fish- 
fish  With  mesh  or  scoop-nets,  inPaukatuck  river,  or  any  of  scoop-nets 
its  branches,  after  sunset  on  Friday,  until  sunrise  on  Mon- 
day, in  each  week,  from  the  twentieth  day  of  March  to 
the  first  day  of  June,  annually  ;  and  no  person  shall  use 
more  than  one  net  at  a  time ;  upon  penalty  of  five  dollars 
for  every  offence. 

SECT.  30.  One  half  of  the  penalties  incurred  by  this  Disposition  of 
act  for  a  violation  of  the  regulations  respecting  fishing  penalties. 
in  Paukatuck  river,  shall  accrue  to  him  who  shall  sue 
therefor,  and  prosecute  his  suit  to  effect,  and  the  otherhalf 
to  the  treasury  of  the  town  wherein  the  offence  is  commit- 
ted.    And  so  much  of  tkis  act  as  relates  to  fishing  in  Pau- 
katuck river,  shall  be  considered  as  forming  a  compact  Compact  with 
with  the  state  of  Rhode-Island,  from  which  the  general  Rhode-Island 
asssembly  of  this  state  will  not  depart,  until  the  legislature 
of  the  state  of  Rhode-Island  shall  agree  with  the  legisla- 
ture of  the  state  of  Connecticut  to  a  repeal  thereof,  or  to 
alterations  therein,  or  additions  thereto  : — provided  the 
state  of  Rhode-Island  shall  adopt  and  adhere  to  similar 
regulations. 

SECT.  3 1 .  Whosoever  shall  first  make  a  wear  for  catch-  Fisheries  on 
ing  fish,  on  any  flat,  within  any  river,  cove,  creek  or  har- 
bor,  shall  not  be  interrupted,  by  any  other  person's 
making  a  wear  on  the  same  flat,  or  in  the  way  or  course 
of  the  fish  coming  or  passing  to  said  wear  first  built,  near- 
er than  three  quarters  of  a  mile,  without  liberty  from  the 
county  court ;  and  every  wear,  set  up  contrary  to  this 
act,  shall  be  a  common  nuisance  ;  and  any  person  may 
remove  the  same  as  such. 

SECT.  32.  Every  town  shall  have  authority,  in  town  Towns  em. 
meetings,  to  make  by-laws  for  the  regulation  of  fisheries  Sa^e^y-laws 
in  the  ponds  within  their  respective  limits,  and  for  the  regulating 
preservation  of  the  fi.sh  therein,  and  to  impose  such  pen-  fisheries  in 


Title  36.     Forcible  Entry  and  Detainer. 

alties,  for  the  breach  thereof,  as  they  shall  think  propcfr : 
provided,  that  no  penalty  shall  exceed  the  sum  of  seven- 
teen dollars,  and  no  by-law  shall  be  contrary  to  the  laws 
of  the  state,  nor  extend  to  ponds  that  are  private  pro- 
perty. 


Mode  of  pro- 
ceeding in 
forcible  entry 
and  detainer. 


Jury  to  ba 
summoned. 


TITLE  36.      Forcible  Entry  and  Detainer. 

An  Art  directing  proceedings  against  Forcible 
Entry  arid  Detainer. 


SECT.    1. 


>E  it  enacted  by  the  Senate  and  House  of  Rep-" 
resentatives  in  General  Assembly  convened. 
That  whenever  any  person  shall  make  forcible  entry 
into  any  houses,  lands  or  tenements,  and  with  a  strong 
hand  shall  detain  the  same  ;  or,  having  made  a  peaceable 
entry,  without  the  consent  of  the  actual  possessor,  shall 
hold  and  detain  the  same,  with  force  and  strong  hand ; 
the  party  thus  ejected,  or  held  out  of  posscssiop,  may  ex- 
hibit his  complaint  to  either  of  the  judges  of  the  county 
court,  and  to  one  justice  of  the  peace,  in  the  county 
where  such  houses,  lands  or  tenements  are  situated,  who 
are  qualified  to  judge  between  the  parties,  stating  the  in- 
jury of  which  he  complains.  And  such  judge  and  justice 
shall,  forthwith,  issue  a  summons  to  the  party  complained 
of,  directed  to  some  proper  officer,  to  notify,  and  require 
him  to  appear  at  such  place  as  they  shall  appoint,  in  the 
town  where  the  injury  complained  of  was  done,  within 
eight  days,  at  least,  to  answer  to  the  matters  contained 
in  such  complaint;  which  summons  shall  be  served  upon 
him,  by  reading,  or  by  leaving  a  copy  at  his  usual  place 
of  abode,  six  days,  exclusively,  before  the  day  appointed 
for  trial ;  and  if,  after  service  of  such  summons,  the  party 
complained  of,  shall  not  appear  and  defend,  such  judge 
and  justice  shall  proceed  in  the  same  manner  as  if  he 
were  present. 

SECT.  2.  And  such  judge  and  justice  shall  make  out  a 
warrant,  under  their  hands,  directed  to  the  sheriff  of  the 
county,  or  his  deputy,  or  to  either  of  the  constables  of 
the  town  where  the  injury  complained  of  was  done,  (such 
officer  not  being  interested  in  the  cause,  or  so  related  to 
either  of  the  parties  tha^he  could  not  judge,)  command-, 
ing  him  to  summon  twelve  good  and  lawful  freeholders  of 
the.  county,  qualified  to  act  as  jurors,  to  appear  at  the 
time  and  place  appointed  for  the  trial ;  which  jury  shall 
be  duly  empannelled,  and  sworn  according  to  law,  to  en- 
quire into  the  forcible  entry,  or  forcible  detainer,  com- 


Title  36.     Forcible  Entry  and  Detainer. 

plained  of:  and  if  a  sufficient  number  of  jurors,  qualified 
to  sit  in  the  cause,  do  not  appear,  the  sheriff  or  constable 
shall  forthwith  return  a  sufficient  number  of  the  freehold- 
ers of  the  county,  qualified  to  act  as  jurors,  to  fill  the 
panel :  and  said  judge  and  justice  shall  proceed  to  make  Trial, 
enquiry,  and  shall  hear  all  the  proper  evidence  offered  by 
the  parties  :  and  if  the  jury  find,  that  a  forcible  entry  has 
been  made  into  the  houses,  lands  or  tenements,  or  that 
the  same  are  detained,  with  force  and  strong  hand,  as 
complained  of,  then  such  judge  and  justice  shall  render 
judgment  that  the  complainant  shall  be  restored  to,  and  re-  Judgment 
seised  of,  the  premises,  and  shall  award  a  writ  of  restitu- 
tion accordingly  ;  and  the  complainant  shall  recover  his 
lawful  costs,  of  the  person  or  persons  complained  of,  and 
execution  shall  be  granted  therefor  accordingly.  But  if 
the  jury  shall  find  the  person  or  persons  complained  of, 
not  guilty,  then  costs  shall  be  taxed  in  their  favor,  against 
the  complainant,  and  execution  granted  for  the  same. 

SECT.  3.  And  no  appeal  shall  be  allowed  from  the  N°  appeal, 
judgment  of  such  judge  and  justice  ;  nor  shall  any  com- 
plaint or  action  be  prosecuted,  for  a  forcible  entry  or  de- 
tainer, but  within  six  months  after  the  making  of  the  en-  Limitation. 
try  complained  of. 

SECT.  4.  The  judgment  that  shall  be  rendered,  in  such  Judgment  not 
prosecutions,  shall   not  afiect  the  title  to  such  houses,  ^i*ffect  the 
lands,  or  tenements,  and  shall  not  be  a  bar  to  a  proper 
action,  brought  for  the  trial  of  the  same. 

SECT.  5.  And  the  party  aggrieved  shall  recover  treble  Treble  dama- 
damages,  and  costs  of  suit,  by  action  of  trespass,  against  8es  to  be  re- 
the  defendant  or  defendants,  if  it  be  found,  by  verdict  of 
the  jury,  or  otherwise,  in  due  form  of  law,  that  he  or  they 
entered  into  houses,  lands,  or  tenements,  by  force,  or  af- 
ter entry,  held  the  same,  by  force.  (1) 

(1)  An  act  was  passed  as  early  as  1698,  the  party  should  proceed  by  information 

enabling  justices  of  the  peace  to  enquire  quitam;    with  many  other  inconvenient 

concerning,  and  to  remove,  forcible  en  regulations,  so  that  a  proceeding  under  it 

tries  and  detainers,  and  to  proceed  ac-  had  usually  been  attended  with  difficulty  j 

cording  to  the  rules  and  methods,  in  such  it  was  thought  best  to  introduce  the  pre- 

eases  provided,  by  the  laws  of  England.  sent  remedy,  of  a  mere  civil  nature,  to 

In  1722,  an  act  was  passed,  similar  to  fc  give  a  party  a  power  to  regain  possession, 

statute  in  England,  and  which  continued  of  lands  in  denned  cases,  when  forcibly 

in  force,  with  few  modifications,  until  this  taken  or  detained  from  him;  and  if  the 

revision.     But  as  the  statute  gave  no  in-  entry  or  detainer  should  be  with  a  fore* 

telligible  definition  of  a  forcible  detainer;  and  violence  amounting  to  a  breach   of 

required  the  justices  of  the  peace  to  re-  the  peace,  to  leave  the  party  committing 

pair  to  the  place,  to  vkw  the  force  ;  that  it  to  •  criminal  prosecution. 

26 


-186 


Title  37. 


Foreign  Attachment. 


TITLE  37. 


Foreign  Attachment. 

o 


SECT.   1. 


Effects  and 
debts  of  ab- 


in  the  hands 
of  agent  or 
debtor. 


service  of  the 
writ. 


An  Act  authorizing  the  collection  of  debt?,  by 
Foreign  Attachment. 

E  it  enacted  by  the  Senate  and  House  of  Rep~ 
resentatives  in  General  Assembly  convened, 
That  whenever  the  goods  or  effects  of  an  absent  or  ab- 
sconding debtor,  are  concealed  in  the  hands  of  his  attor- 

sconding  debt-  agent, factor,  or  trustee,  so  that  they  cannot  be  found, 

ors  attachable         J ' 

or  come  at,  to  be  attached  ;  or  where  debts  are  due  from 

any  person  to  an  absent  or  absconding  debtor ;  it  shall 
^e  javvfu}  for  any  creditor  to  bring  his  action  against  such 
absent  and  absconding  debtor,  and  insert  in  his  writ  a  di- 
rection to  the  officer  to  leave  a  true  and  attested  copy 
thereof,  at  least  fourteen  days  before  the  session  of  the 
court,  to  which  it  is  returnable,  with  such  absent  or  ab- 
sconding debtor's  attorney,  agent,  factor,  trustee,  or  debt- 
or, at  the  place  of  his  or  their  usual  abode:  and  it  shall 
be  the  duty  of  the  officer  serving  such  writ,  to  leave  a 
copy  thereof,  according  to  such  direction  ;  and  from  the 
time  of  leaving  such  copy,  all  the  goods  and  effects  in  the 
hands  of  such  attorney,  agent,  factor,  or  trustee,  and  any 
debt  due  from  such  debtor  to  the  defendant,  shall  be  se- 
cured in  their  hands,  to  pay  such  judgment,  as  the  plain- 
tiff shall  recover,  and  may  not  otherwise  be  disposed  of, 
by  such  attorney,  agent,  factor,  trustee  or  debtor  :  and 
such  service  shall  be  sufficient  notice  to  the  defendant  to 
enable  the  plaintiff  to  bring  the  action  to  trial,  unless  the 
defendant  be  an  inhabitant  of  this  state,  or  has  some  time 
resided  therein  ;  and  then  a  like  copy  shall  be  left  at  his 
last  usual  place  of  abode. 

SECT.  2.  Such  attorney,  agent,  factor,  trustee,  or  debt- 
or, upon  his  desire,  shall  be  admitted  to  defend  his  prin- 
cipal in  such  suit :  but  if  the  defendant  be  not  in  this 
state,  and  does  not  appear,  by  himself,  or  attorney  ;  and 
the  attorney,  agent,  factor,  trustee,  or  debtor,  with  whom 
such  copy  is  left  in  service,  does  not  appear  to  defend, 
then  the  court  shall  continue  in  action  to  the  next  court, 
and  may  order  notice  to  be  given,  by  publishing  the  pen- 
dency of  the  suit,  in  some  newspaper,  or  otherwise,  as 
Continuance  of  they  think  proper ;  and  if  the  defendant  should  not  then 
appear,  the  court  may,  if  they  judge  proper,  order  the  ac- 
tion to  be  continued  once  more,  to  give  an  opportunity 
to  notify  the  defendant  of  the  pendency  of  the  suit ;  and 
then,  unless  some  special  matter  be  alleged  for  further 
delay,  the  cause  shall  come  to  trial ;  but  when  the  ac- 
tion is  brought  before  a  justice  of  the  peace,  in  case  the 


'Agent  may 
defend  his 
principal. 


suits. 


.     t       Title  37.    Foreign  Jlttachmenf.  187- 

defendant  shall  not  be  in  this  state,   and  no   attorn 
agent,  factor,  trustee,  or  debtor  appear  to  defend  him, 
such  justice  of  the  peace  shall  adjouni  the  cause  for  a 
term  not  less  than  three,  nor  more  than  nine  months  ;  and 
then,  unless  special  reasons  be  given  for  a  further  delay, 
such  action  shall  come  to  trial.     And  if  judgment  be  ren- 
dered in  favor  of  the  plaintiff,  all  the  goods  and  effects 
in  the  hands  of  such  attorney,  agent,  factor,  or  trustee, 
and  the  debt  due  from  such  debtor,  shall  be  liable  to  pay 
the  same ;  and  the  plaintiff,  on  praying  out  an  execution,  How  to  pro- 
may  direct  the  officer  serving  the  same,  to  make  demand  ceed  " lth  lhe 
of  such  attorney,  agent,  factor  or  trustee,  of  the  goods  e3 
and  effects  of  the  defendant,  or  principal,  in  his  or  their 
hands,  whose  duty  it  shall  be  to  expose  the  same  to  be 
taken  on  the  execution  ;  and  also  to  make  demand  of  such 
debtor,  of  any  debt  due  to  the  defendant,  whose  duty  it 
shall  be  to  pay  the  same  :  and  if  such  attorney,  agent,  fac- 
tor or  trustee,  shall  have,  in  any  manner,  disposed  of 
the  goods  and  effects  of  the  principal,  in  his  hands,  when 
the  copy  of  the  writ  was  left  with  him ;  or  shall  not  dis- 
cover, expose  and  subject  them  to  be  taken  on  the  exe- 
cution ;  or  if  such  debtor  shall  not  pay  to  the  officer, 
when  demanded,  the  debt  due  to  the  defendant,  at  the 
time  the  copy  of  the  writ  was  left  with  him  ;  such  attor- 
ney, agent,  factor,  trustee,  or  debtor  shall  be  liable  to 
satisfy  such  judgment  out  of  his  own  estate,  as  his  proper 
debt,  if  the  goods  or  effects,  or  debt,   be  of  sufficient 
value  or  amount ;  if  not,  then  to  the  value  of  such  goods 
or  effects,  or  to  the  amount  of  such  debt.  Andascire-fa-  Scire-facias 
cias  maybe  taken  out  from  the  clerk  of  the  court,  where 
the  judgment  was  rendered,  to  be  served  upon  such  at- 
torney, agent,  factor,  trustee,  or  debtor,  requiring  him  to 
appear  before  such  court,  and  shew  cause,  if  any  he  have, 
to  the  contrary  :  and  it  shall  be  lawful  for  the  plaintiff  to-  Mode  of  trial, 
require,  and  the  defendant  shall  have  right  to  disclose,  /A~^-  f<f<f* 
on  oath,  whether  he  has  any  of  the  goods  or  effects  of  the 
absent  or  absconding- debtor  in  his  hands,  or  whether  he 
is  indebted  to  him  ;  and  the  parties  may  introduce  any 
other  proper  testimony,  respecting  such  fact.     And  if  it 
be  found,  that  the  deiendant  has  the  goods  or  effects   of  When  judg- 
such  absent  or  absconding  debtor  in  his  hands,  or  is  in-  ™n^erse(i 
debted  to  him.  or  if  he  makes  default  of  appearance,  or  against  gar- 
refuses  to  disclose,  on  oath,  judgment  shall  be  rendered  nishee. 
against  him.  as  for  his  own  debt,  to  be  paid  out  of  his  own 
goods  or  estate,  with  lawful  costs ;  and  execution  shall  be 
granted  accordingly  :  Provided,  that  if  it  appear  on  the  Limitation  of 
trial,  that  the  goods  or  effects  are  of  less  value,  and  the  j 
debt  of  less  amount  than  the  judgment  recovered  against 
the  absent  or  absconding  debtor,  then  judgment  shall  be 


188 


When  scire- 
facias  shall  be 
returnable  be- 
fore justice  of 
the  peace. 


Agent  or  debt- 
or discharged 
from  principal. 


I 


When  debt  is 
not  due,  exe- 
cution to  be 
staved. 


Mode  of  pro- 
ceeding, when 
debt  is  assign- 
ed. 


Title  37.     Foreign  Attachment. 

rendered  to  the  value  of  the  goods,  or  to  the  amount  of 
the  debt ;    and  if  it  appear,  that  the  defendant  has  no 
goods  or  effects  in  his  hands,  of  such  debtor,  or  is  not  in- 
debted to  him.  then  he  shall  recover  his  lawful  costs. 

SECT.  3.  When  a  scire-facias  shall  be  brought  against 
any  attorney,  agent,  factor,  trustee,  or  debtor  of  an  ab- 
sent or  absconding  debtor,  on  a  judgment  rendered  by  a 
justice  of  the  peace,  such  scire-facias  shall  be  signed  by 
the  justice  rendering  the  judgment :  and  where  the  de- 
mand does  not  exceed  thirty -five  dollars,  shall  be  made 
returnable  before  the  same  justice  of  the  peace ;  but 
where  the  demand  shall  exceed  thirty-tive  dollars,  the 
same  shall  be  returnable' before  the  county  court,  in  that 
county  where  the  plaintiffor  defendant  dwells  :  and  if  the 
justice,  rendering  such  judgment,  shall  be  removed  from 
office,  by  death,  or  otherwise,  before  any  scire-facias  is 
taken  out  thereon,  such  writ  may  be  signed  by,  and  (when 
the  demand  does  not  exceed  thirty -five  dollars,)  be  made 
returnable  before,  any  justice  of  the  peace,  as  in  other 
cases ;  but  where  the  demand  exceeds  thirty-five  dol- 
lars, such  writ  shall  be  made  returnable  before  the  coun- 
ty court,  as  aforesaid. 

SECT.  4.  The  taking  of  any  goods  or  effects  of  any  ab- 
sent or  absconding  debtor,  or  any  debt  due  to  him  as 
aforesaid,  by  process  and  judgment  of  law,  out  of  the 
hands  of  his  attorney,  agent,  factor,  trustee  or  debtor,  by 
any  of  his  creditors,  shall  forever  discharge  him  or  them 
from  any  suit  or  demand  for  the  same  :  and  if  sued,  for 
any  thing  done  in  compliance  with  this  act,  he  or  they 
may  plead  the  general  issue,  and  give  this  act  and  the 
special  matter  in  evidence. 

SECT.  5.  When  it  shall  appear  on  the  hearing  of  the 
scire-facias,  that  the  debt  due  to  the  principal  is  not  yet 
payable,  the  court  shall  direct  the  execution  to  be  stay-. 
ed,  until  the  time  the  debt  would  have  become  payable  ; 
and  when  the  debt  was  not  payable  at  the  time  the  de- 
mand was  made,  on  the  execution,  the  court  shall  allow 
the  garnishee  his  reasonable  costs  for  defending  against 
such  scire-facias.  to -be  deducted  out  of  the  debt  so  due. 

SECT.  6.  Whenever  a  scire-facias  shall  be  brought  to 
recover  a  debt  due  to,  or  the  goods  and  effects  of.  an  ab- 
sent or  absconding  debtor,  in  case  any  person  or  per- 
sons, either  jointly  or  severally,  claim  such  debt,  as  as- 
signee or  assignees  thereof,  or  such  goods  or  effects,  as 
owner  or  owners  thereof,  the  defendant,  in  such  scire- 
facias,  having  notice  or  knowledge  of  such  assignment, 
ownership,  or  claim,  may  give  notice  in  writing,  signed 
by  proper  authority,  and  duly  served,  to  such  claimant  or 
claimants,  or  his  or  their  attorney,  that  such  scire-facias 


Title  37.     Foreign  Attachment, 


is  pending,  and  he  or  they  may  appear,  if  they  see  cause, 
and  defend  against  such  scire-facias  ;  and  thereupon,  un- 
less such  claimant  or  claimants  shall,  within  such  time  as 
the  court,  before  whom  the  scire-facias  is  pending,  may 
direct,  give  to  such  defendant  sufficient  security,  to  the 
approbation  of  the  court,  to  indemnify  him  against  all 
costs,  he  may  suffer  judgment,  by  default,  or  otherwise, 
to  be  given  against  him,  on  such  scire-facias  ;  which 
shall  be  a  bar  to  the  claim  of  the  assignee  or  assignees  of 
the  debt,  or  the  owner  or  owners  of  the  goods  or  ef- 
fects ;  and  the  defendant  may  give  the  same  in  evidence, 
under  the  general  issue,  in  an  action  brought  to  recover 
the  debt,  or  the  value  of  the  goods  or  effects.  And  in 
case  s'^ch  assignee  or  assignees,  owner  or  owners,  shall 
give  such  security,  and  make  effectual  defence  against  the 
scire-facias,  he  or  they  shall  be  entitled  to  the  bill  of 
costs  that  shall  be  recovered  against  the  plaintiff ;  but  if 
he  or  they  fail  to  make  effectual  defence,  the  judgment 
that  may  be  rendered  on  the  scire-facias  against  the  de- 
fendant, shall  be  a  bar  to  any  claim  against  him,  and  he 
may  give  it  in  evidence  under  the  general  issue. 

SECT.  7.  Whenever  the  assignee  of  a  debt,  or  the  own-  If  defendant 

c         j  re     j        i     11  i  •  •  j.  j.  refuses  to  dis- 

er  ol  goods  or  enects,  shall  have  given  security,  pursuant  cjose  ^  s^\i 

to  this  act,  if  the  defendant,  on  due   notice  given  him,  take  no  bene- 
shall  neglect  to  appear  and  disclose,  on  oath,  if  required,  fit  of  this  act. 
on  the  trial  of  such  scire-facias  ;  or  in  case  a  commission 
shall  be  issued,  shall  neglect  to  make  disclosure  before 
the  commissioners ;  he  shall  take  no  benefit  of  this  act, 
nor  of  the  security  given  as  aforesaid. 

SECT.  8.  In  case  any  action  shall  be  commenced,  or  When  original 

having  been  commenced,  shall  be  prosecuted,  in  the  creditor  recov- 
0  /.  , ,  .     ers.  costs  to  bt 

name  of  the  original  creditor,  to  recover  any  debt,  or  m  taxed,  at  dis- 

the  name  of  any  person  claiming  to  be  owner,  to  recov-  cretion. 
er  the  value  of  any  goods  or  effects,  while  such  debt, 
goods,  or  effects  are  under  the  lien  of  a  foreign  attach- 
ment, it  shall  be  in  the  discretion  of  the  court,  according 
to  the  circumstances  of  the  case,  if  final  judgment  be 
rendered  in  favor  of  the  plaintiff,  to  allow  costs  to  the  de- 
fendant, to  be  deducted  out  of  such  debt,  or  out  of  the 
value  of  such  goods  or  effects,  or  to  allow  costs  to  the 
plaintiff,  or  to  allow  no  costs  to  either  party. 

SECT.  9.  The  court  before  which  a  scire-facias  shall  Commission 
be  pending,  shall  have  power  to  issue  a  commission  to  ™Y  be  g™"1- 
take  the  disclosure  of  the  defendant,  on  oath,  whenever,  closure, 
on  account  of  his  living  out  of  the  state,  or  his  being 
about  to  go  out  of  the  same,  or  his  being  unable  to  travel, 
through  age,  sickness,  or  bodily  infirmity,  the  court  shall 
judge  it  to  be  reasonable. 


190 

When  demand 
must  be  made 
of  garnishee, 
on  execution. 


Limitation  of 
scire-facias. 


Disclosure  in 
suit  against 
the  debtor. 


Garnishee 
refusing  to  ap- 
pear or -dis- 
close, liable 

for  costs. 


Title  37.     Foreign  Attachment. 

SECT.  10.  The  goods  or  effects,  or  debts,  of  an  absent 
or  absconding  debtor,  shall  not  be  holden  or  secured  in 
the  hands  of  his  attorney,  agent,  factor,  trustee,  or  debt- 
or, by  virtue  of  any  judgment  rendered  against  the  debtor, 
unless  they  shall  be  demanded  of  them  within  sixty  days 
after  the  rendition  of  the  judgment.  And  no  writ  of  scire- 
facias  shall  be  maintained  against  such  attorney,  agent, 
factor,  trustee,  or  debtor,  unless  the  same  be  brought 
within  one  year  next  after  the  right  of  taking  out  or  bring- 
ing the  same,  shall  have  accrued. 

SECT.  11.  And  the  plaintiff,  in  a  suit  by  foreign  attach- 
ment, may,  at  his  discretion,  insert  in  the  writ,  a  direction 
to  the  attorney,  agent,  factor,  trustee,  or  debtor  of  the 
defendant,  to  appear  before  the  court  to  which  the  same 
is  returnable,  to  answer  and  disclose,  on  oath,  whether  he 
has  in  his  hands  the  goods  or  effects  of  the  defendant,  or 
is  indebted  to  him;  and  if  such  garnishee  shall  appear,  the 
court  arc  hereby  impowered  to  examine  him,  on  oath, 
respecting  the  same,  and  to  make  other  enquiry,  by  prop- 
er testimony  ;  and  if  it  shall  appear  to  them,  that  such 
garnishee  has  not  the  goods  or  effects  of  the  defendant  in 
his  possession,  or  is  not  indebted  to  him.  he  shall  be  enti- 
tled to  recover  his  costs,  and  judgment  shall  be  rendered 
in  his  favor  therefor.  But  if  it  shall  appear  from  such  ex- 
amination, that  such  garnishee  has  in  his  possession  goods 
and  effects  of  the  defendant,  or  is  indebted  to  him,  then 
the  court  shall  ascertain  the  amount,  and  the  same  shall 
be  sufficient  evidence  to  authorize  the  court  to  render 
judgment  therefor,  in  favor  of  the  plaintiff,  or  a  scire-fa- 
eias  against  the  garnishee,  if  he  shall  refuse  to  deliver  such 
goods  and  effects,  or  pay  such  debt,  when  lawfully  de- 
manded, on  an  execution  that  may  be  duly  obtained  in  a 
suit  against  the  absent  and  absconding  debtor ;  unless  the 
garnishee  can  prove,  by  new  and  further  evidence,  that 
he  had  not  in  his  possession  the  goods  and  effects  of  such 
debtor,  and  is  not  indebted  to  him. 

SECT.  12.  But  if  the  garnishee  shall  neglect  or  refuse 
to  appear  at  the  court  to  which  the  writ  is  returned,  with- 
out reasonable  excuse,  or  shall  refuse  to  disclose  on  oath, 
whether  he  has  any  goods  or  effects  of  the  defendant  in 
his  possession,  or  is  indebted  to  him  ;  then,  if  the  plaintiff 
shall  bring  a  scire-facias  against  him,  on  a  judgment  re- 
covered against  the  defendant  in  the  suit,  such  garnishee 
shall  be  liable  to  pay  all  the  costs  that  shall  have  accrued, 
though  it  shall  appear  that  he  had  not  any  of  the  goods  or 
effects  of  the  absent  and  absconding  debtor  in  his  posses- 
sion, and  was  not  indebted  to  him  ;  and  execution  shall 
issue  against  him,  to  pay  the  same  out  of  his  estate. 


Title  38.     Foreigners.— Title  39.     Forms.  191 

SECT.  13.  When  the  garnishee  appears  at  the  return  Plaintiff  with- 
of  the  writ,  and  submits  to  an  examination,  and  it  is  found  d^w'n?  sult» *'• 
that  he  has  the  goods  or  effects  of  the  absent  and  abscond- 
ing debtor  in  his  possession,  or  is  indebted  to  him  ;  then, 
if  the  plaintiffwithdraws  his  suit,  or  fails  to  recover  judg- 
ment against  the  defendant,  such  garnishee  shall  be  enti- 
tled to  recover  his  lawful  costs ;  and  the  court  shall  issue 
execution  for  the  same  accordingly. 

TITLE  38.     Foreigners. 
An  Act  concerning  Foreigners. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,    That  when- 
ever any  foreigner,  who  has  resided  at  least  six  months  in  Superior  court, 


this  state,  shall,   according  to  the  accustomed  form  of  uPon  Pet'°?> 

f      *»  .  .  .  .       may   authorize 

chancery  process,   prefer   his    petition  to  the  superior  foreigners  to 

court  in  the  county  where  he  resides,  representing  such  hold  real  estate 
facts,  and  praying  to  be  authorized  to  hold,  convey,  and  in  ^is  state- 
transmit  by  grant,  devise,  descent,  or  otherwise,  real 
estate  in  this  state  ;  such  court  shall,  as  a  court  of  chan- 
cery, have  cognizance  of  the  case ;  and  if,  upon  a  hear- 
ing and  examination  had,  it  shall  appear  to  the  court  that 
the  petitioner  sustains  a  fair  character,  and  is  a  foreigner, 
such  court  may  authorize  and  empower  such  petitioner 
to  receive,  hold,  convey,  and  transmit  by  grant,  devise, 
descent,  or  otherwise,  real  estate  in  this  state,  to  as  full 
extent  as  if  he  were  a  native  citizen  thereof;  any  law  to 
the  contrary  notwithstanding. 

Provided  however,  That  a  true  and  attested  copy  of  C°P7  of  Peti' 
said  petition,  shall  be  left  with  one  of  the  select-men  of  J^  g°lecet_ 
the  town  where  the  petitioner  resides,  at  least  twelve  men. 
days  before  the  session  of  the  court  to  which  said  petition 
is  made  returnable. 


TITLE  39.    Forms. 

An  Act  prescribing  Forms  of  Writs  and  Pro- 
cesses. 

TTJ  E  it  enacted  by  the  Senate  and  House  ofRep- 
Jj  retientatives,  in  General  Assembly  convened, 

That  the  following  several  forms  of  writs  and  processes,  Forms  of  writs 
in  civil  causes,  here  under-written,  be,  and  they  are  estab"5"ed> 
hereby  established  to  be  the  forms  to  be  used  in  this  state. 
by  the  respective  officers  therein. 


'192  Title  M.     Forms*. 

Summons  be-        SECT.  2.  Summons  for  appearance  before  a  justice  of 
foreajustiecof  ,r  _ 

the  peace.  peace. 

To  the  sheriff  of  the  county  of  H.  Ins  deputy,  or 

either  of  the  constables  of  the  town  of  G.         within 

said  county :  Greeting. 

BY  authority  of  the  state  of  Connecticut,  you  art 
hereby  commanded  to  summon  A.  B.  of  G.  aforesaid,  to 
appear  before  J.  H.  Esq.  justice  of  the  peace  for  the 
county  aforesaid,  at  in  H.  the  day  of  at 

of  the  clock  in  the  noon  ;  then  and  there  to  an- 
swer to  C.  D.  of  W.  in  a  plea  of  which  is  to  the 
damage  of  the  said  C.  D.  dollars,  and  he  therefore 
brings  this  suit.  And  of  this  writ,  with  your  doings 
therein,  make  due  return.  Dated  at  H.  the  day  of 
Anno  Domini,  J.  H. 

SECT.  3.  Attachment  before  a  justice  of  the  peace. 
To  the  sheriff,  &c. 

Attachment  be-  BY  authority  of  the  state  of  Connecticut,  you  are 
•  heepeacetlC  hereby  commanded  to  attach  the  goods  or  estate  of  A.  B. 
of  F.  aforesaid,  to  the  value  of  dollars,  and  for  want 
thereof,  to  attach  the  body  of  the  said  A.  B.  (if  he  may 
be  found  in  your  precincts)  and  him  safely  keep,  so  that 
he  may  be  had  before  J.  H.  Esq.  justice  of  the  peace  for 
the  county  aforesaid,  at  (sufficient  bond  for  prose- 

cution being  given.)     Hereof  fail  not,  and  make  due  re- 
turn of  this  writ,  with  your  doings  therein,  &c. 

Dated,  &c. 

The  like  for  summons  and  attachments  to  the  county 
courts,  mutatis  mutandis. 

SECT.  4.  An  execution  granted  by  a  justice  of  the 
peace. 

To  the  sheriff  of  the  county  of  H.  &c.  Greeting. 

Execution          WHEREAS  C.  D.  of  W.  on  the  day  of  before 

granted  by  jus-       j^  j£  Esq.  justice  of  the  peace  for  the  county  aforesaid, 

recovered  judgment  against  A.  B.  of  H.  for  the  sum  of 
dollars,  cents,  debt,  (damages}  and  for  the. 

sum  of        dollars ,  cents,  costs  of  suit,  as  appears 

of  record :   Whereof  execution  remains  to  be  done. 

THESE  are  therefore,  by  authority  of  the  state  of 
Connecticut,  to  command  you,  That  of  the  money  of  the 
said  A.  B.,  or  of  his  goods,  chattels,  or  lands  within  your 
precincts,  you  cause  to  be  levied,  and  (the  same  being 
disposed  of  as  the  law  directs)  paid  and  satisfied  unto  the 
said  C.  D.,  the  aforesaid  sums,  being  dollars,  cents, 
in  the  whole ;  and  also,  that  out  of  the  said  monies,  goods 
or  chattels  you  levy  seventeen  cents  more  for  this  writ, 
together  with  your  own  fees. 

And  for  want  of  such  money,  goods,  chattels  or  lands 
of  the  said  A.  B.,  to  be  by  him  shewn  unto  you5  or  found 


Title  39.     Forms.  197 

within  your  precincts,  for  satisfying  the  aforesaid  sums, 
you  are  hereby  commanded  to  take  the  body  of  the  said 
A.  B.,  and  him  commit  unto  the  keeper  of  the  gaol  in  H. 
in  the  county  aforesaid,  within  the  said  prison  ,  who  i* 
likewise  hereby  commanded  to  receive  the  said  A.  B. 
and  him  safely  keep,  until  he  pay  unto  the  said  C.  D.  the 
full  sums  abovementioned,  arid  be  by  him  released,  anci 
also  satisfy  your  fees.  Hereof  fail  not,  and  make  due 
return  of  this  writ,  with  your  doings  therein,  unto  the  said 
J.  H.  Esq.  within  sixty  days  next  coming.  Dated  at  H. 
this  day  of,  <$:c.  J.  H. 

SECT.  5.  Execution  out  of  the  superior  court  and  coun- 
ty courts,  respectively. 

To  the  sheriffof  the  county  of  H.  &c.  Greeting. 

WHEREAS  C.   D.  of  W.  remered  judgment  against  E^^°n^°m 

d.  B.  of  F.  before  the  court,  holden  at  H.  within  county  court. 

the  county  aforesaid,  on  (he  Tuesday  of          for 

the  sum  of  dollars,  cents,  debt,  (damage?) 

and  dollars,  cents,  costs  of  suit,  as  appears 

of  record  :    Whereof  execution  remains  to  be  done. 

THESE  are  therefore,  by  authority  of  the  state  of 
Connecticut,  to  command  you,  That  of  the  goods,  chat- 
tels, or  lands  of  the  said  A.  B.,  within  your  precincts,  you 
cause  to  be  levied  (and  the  same  being  disposed  of,  or 
appraised,  as  the  law  directs)  paid  and  satisfied  unto  the 
saidC.  D.,  the  aforesaid  sums,  being  dollars 

cents,  in  the  whole  ;  with  cents  more  for  this  writ, 

and  thereof  also  to  satisfy  yourself  for  your  own  fees. 
And  for  want  of  such  goods,  chattels,  or  lands  of  the  said 
A.  B.,  to  be  by  him  shewn  unto  you,  or  found  within 
your  precincts,  to  the  acceptance  of  the  said  C.  D.,  for 
satisfying  the  aforesaid  sums,  you  are  hereby  command- 
ed to  take  the  body  of  the  said  A.  B.,  and  him  commit 
unto  the  keeper  of  the  gaol  in  H.,  in  the  county  aforesaid, 
within  the  said  prison  ;  who  is  likewise  hereby  command- 
ed to  receive  the  said  A.  B.,  and  him  safely  to  keep 
until  he  pay  unto  the  said  C.  D.  the  full  sums  above-men- 
tioned, and  be  by  him  released,  and  also  satisfy  your 
fees.  Hereof  fail  not.  and  make  due  return  of  this  writ, 
with  your  doings  therein.  Dated  at  H.  &c. 

E.  K.  Clerk. 

SECT.  6.  Summons  or  subpoena  for  witnesses.  Summons  for 

ToA.B.andC.D.&c.  witnesses. 

BY  authority  of  the  state  of  Connecticut,  you  are 
hereby  commanded  to  appear  before  the          court, 
to  be  holden  at  F.  on  the  Tuesday  of        to  testify 

what  you  know  in  a  certain  action  now  depending  in  the 
said  court,  between  E.  F.  of  H.  plaintiff,  and  G.  H.  of 
M.  defendant,  in  an  action  of  .  Hereof  fail  not,  UR- 

27 


198 


Title  39.     Forms. 


Itcplevin. 


ilcr  the  penalty  of  the  law  in  that  case  provided.     Dated 
at  II.  &c.  D.  E.  Clerk. 

SECT.  7.    A  warrant  of  replevin  before  the  county 
court. 
To  the  sheriff  of  F.  &c.  Greeting. 

BY  .authority  of  the  state  of  Connecticut,  you  are 
hereby  commanded,  justly,  and  without  delay,  to  cause 
to  be  replevied  to  T.  C.,  of  S.  his  beasts,  to  wit,  now 
^distrained  or  impounded  by  S.H.  of  N.,  and  by  him  un- 
justly detained,  as  k  is  said  :  and  you  are  to  summon  the 
said  S.  H.  to  appear  before  the  next  county  court  to  be 
holden  at  F.,  in  and  for  the  said  county,  on  the  Tues- 
day of  next ;  then  and  there  to  answer  unto  the  said 
T.  C.,  in  a  plea  of  trespass,  wherein  the  said  T.  C.  com- 
plains, that  the  said  S.  H.,  on  the  day  of  &c.  at 
M.,  in. a  certain  place,  called  &c.  took  the  said  beasts, 
that  is  to  say,  and  them  unjustly  impounded  and 

detained  as  aforesaid,  until  this  time ;  which  is  to  the 
damage  of  the  said  T.  C.,  as  he  saith,  the  sum  of 
dollars,  and  therefore  he  brings  this  suit,&c..  (the  said 
T.  C.  having  given  bond  according  to  law.)  Hereof  fail 
not,  and  make  due  return  of  this  writ,  with  your  doings 
therein,  «fcc.  Dated,  &c. 

J.  H.  Justice  of  Peace. 

The  like  for  a  writ  of  replevin  before  a  justice  of  the 
peace,  mutatis  mutandis. 

SECT.  8.  Bond  on  writ  of  replevin. 

YOU,  A.  B.  and  C.  D.  of  acknowledge  yourselves, 
jointly  and  severally,  bound  to  E.  F.  of  in  a  recogniz- 
ance of  dollars,  thatG.  H.  of  shall  prosecute 
the  writ  of  replevin,  he  hath  now  taken  out  against  the 
said  E.  F.  at  the  next  county  court,  to  be  holden  at 
on  the  Tuesday  of  next,  (or,  before  the  justice 
of  the  peace  to  whom  the  same  is  returnable,)  to  full  ef- 
fect; and  in  case  he  make  not  his  plea  good,  satisfy  such 
demands  and  dues  as  the  said  E.  F.  shall  recover  against 
him. 

SECT.  9.  Bond  where  a  person,  not  a  party  to  the  suit, 

01    replevin   OV  I  ,         ,        •* 

onnnot ;» ,mrty  replevies  estate  attached. 

to  the  suit.  YOU,  A.  B.  and  C.  D.  of  acknowledge  yourselves, 

jointly  and  severally,  bound  to  E.  F.  of  in  a  recog- 
nizance of  dollars,  that  G.  H.  of  shall  prosecute 
the  writ  of  replevin,  that  he  hath  now  taken  out  against 
-the  said  E.  F.  at  the  next  county  court,  to  be  holden  at 
on  the  Tuesday  of  next,  (or,  before  the  jus- 
tice of  the  peace  before  whom  the  same  is  made  returna- 
ble,) and  in  case  he  fail  to  make  his  plea  good,  to  return 
and  redeiiver  the  goods  directed  to  be  replevied  to  J.  K., 
the  oiiicer,  who  attached  the  same,  in  a  suit  in  favor  of 


•   Bond  on  writ 
of  replevin. 


Bond  on  writ 
of  replev'ui  by 


Title  39.     Forms.  19$ 

said  E.  F.  against  L.  M.,  of  so  that  they  may  ba 
forthcoming  to  be  taken  on  the  execution  that  may  be 
recovered  by  said  E.  F.  in  said  suit ;  and  on  failure  there- 
of, to  pay  the  debt,  damages  and  costs,  that  may  be  re- 
covered in  said  suit. 

SECT.   10.  Bond  for  prosecution.  Bond  for  prose- 

YOU  C.  S.  and  E.  C.  of  H.  acknowledge  yourselves,  cuti011' 
jointly  and  severally,  bound  to  J.  L.  of  in  a  recog- 
nizance of  dollars,  that  T.  R.  of  W.  shall  prosecute 
the  attachment  he  hath  now  taken  out  against  the  said 
J.  L.  at  the  next  county  court,  to  be  holden  at  H.  on 
the  Tuesday  of  next,  to  full  effect ;  and  answer 
all  costs  and  damages,  in  case  he  make  not  his  plea  good. 
Taken  and  acknowledged  in  H.,  the  day  of,  &c. 
before  me,  J.  W.  Justice  of  the  peace. 

SECT.   1 1.  A  warrant  for  collecting  rates. 
To  A.  B.  collector  of  the  town  rate  of  the  town  of,  &c. 

Greeting. 

BY  authority  of  the  state  of  Connecticut,  you  are  here-  Warrant  for 
by  commanded  forthwith  to  levy  and  collect  of  the  per-  £ates. 
sons  named  in  the  annexed  list,  herewith  committed  to 
you,  each  one  his  several  proportion,  as  therein  set  down; 
of  the  sum  total  of  such  list ;  being  a  tax  or  assessment 
granted  and  agreed  upon,  by  the  inhabitants  of  the  said 
town  of,  &c.  regularly  assembled  on  the  day  of  for 
the  defraying  of  the  necessary  charges  arising  within  the 
same  ;  and  to  deliver  and  pay  the  sum  and  sums,  which 
you  shall  so  levy  and  collect,  unto  the  treasurer  of  the 
said  town,  (or  to  C.  D.,  being  by  said  town  appointed  (o 
receive  the  same)  at  or  before  the  day  of  :  And' 
if  any  person  or  persons  shall  neglect  or  refuse  to  make 
payment  of  the  sum  or  sums,  whereat  he  or  they  are 
respectively  assessed,  and  set  in  the  said  list,  to  distrain 
the  goods  or  chattels  of  such  person  or  persons,  and  the 
same  dispose  of,  as  the  law  directs  ;  returning  the  over- 
plus (if  any  be)  unto  the  owner  or  owners.  And  for 
Want  of  goods  and  chattels,  whereon  to  make  distress,  you 
are  to  take  the  body  or  bodies  of  tlrc  person  or  persons 
so  refusing,  and  him  or  them  commit  unto  the  keeper 
of  the  gaol  of  the.  said  county,  within  the  said  prison  ; 
who  is  hereby  commanded  to  receive  and  safely  keep  him 
or  them,  until  he  or  they  pay  and  satisfy  the  said  sum  or 
sums  assessed  upon  him  or  them,  as  aforesaid,  together 
with  your  fees  ;  unless  the  said  assessment,  or  any  part 
thereof,  upon  application  made  to  the  county  court,  shall 
be  abated. 

Dated  at  G.  &c. 

SECT.   12.  Always  provided,  and  it  is  further  enacted,  JJj'J 
That  it  shall  be  lawful  for  any  person  or  persons  within  forms. 


200  Titk  40.     Frauds  and  Perjuries. 

this  state,  as  often  as  occasion  shall  require,  to  make  use 
of  other  and  diverse  forms  than  what  are  before  in  this 
act  prescribed,  so  that  the  substance  of  the  matter  or 
action  be  well  contained  therein,  according  to  law. 


TITLE  40.     Frauds  and  Perjuries. 

An  Act  for  the  prevention  of  Frauds  and  Perju- 
ries. 

Preamble.  For  the  prevention  of  many  fraudulent  practices,  which 
are  commonly  endeavored  to  be  upheld  by  perjury, 
and  subornation  of  perjury  : 

.     T>  E  it  enacted  by  the  Senate  and  House  of  Rep- 
LJ   rescntatives,in  General  Assembly  convened, 

Contracts  to  That  no  suit,  in  law  or  equity,  shall  be  brought  or  main- 
charge  execu-  tained  upon  any  contract  or  agreement,  whereby  to 
tors,  &.c.  J ,  i  •  •  ,  •  i 

charge  any  executor  or  administrator,  upon  any  special 

to  answer  for  promise,  to.  answer  damages  out  of  his  own  estate ;  or 
the  debt,  &ic.  of  i  ,  ,,  ,  P  -, 

another  •  whereby  to  charge  the  defendant  upon  any  special  prom- 

ise to  answer  for  the  debt,  default,  or  miscarriage  of  an- 
in  considera-         ,1 
tion  of  mar-        other  person  ;  or  to  charge  any  person  upon  any  agree- 

riage  ;  ment  made  upon  consideration  of  marriage  ;  or  upon  any 

for  the  sale  of  contract  for  the  sale  of  lands,  tenements,  or  heredita- 
lands;  ments,  or  any  interest  in,  or  concerning  them  ;  or  upon 

or  not   to  be  anv  agreement  that  is  not  to  be  performed  within  the 
performed  in      space  of  one  year  from  the  making  thereof ;  unless  the 
one  year;          contract  or  agreement,  upon  which  such  action  shall  be 
to  be  in  writing  brought,  or  some  memorandum  or  note  thereof,  shall  be 
signed,  &c.        made  in  writing,  and  signed  by  the  party  to  be  charged 
therewith,  or  some  other  person  thereunto  by  him  law- 
fully authorized. 

Contracts  for        SECT.  2.  And  be  it  further  enacted,  That  no  contract, 
the  sale  of         for  ^jie  saje  of  any  goods,  wares,  and  merchandize,  for  the 
amount  of  thir^  P"ce  °f  thirty-five  dollars,  or  upwards,  shall  be  allowed 
ty-five   dollars,  to  be  good,  except  the  buyer  shall  accept  part  of  the 
when  binding.    gOods  so  sold,  and  actually  receive  the  same,  or  give 
something  in  earnest,  to  bind  the  bargain,  or  in  part  of 
payment,  or  some  note  or  memorandum,  in  writing,  of 
the  said  bargain,  be  made  and  signed  by  the  parties  to  be 
charged  by  such  contract,  or  their  agents  thereunto  law- 
fully authorized.(l) 

(1)  This  act  is  copied  from  a  statute  this  revision.    Before  this  time,  almost  all 

passed  in  England,  32  Car.   2.  and    was  parol  contracts  were  valid :  no  statute  has 

first  unacted  in  1771.    The  clause  respect-  made  a   greater   alteration   or  improve- 

ing  the  sale  of  goods,  hbove  the  value  of  Blent  of  the  common  law. 
thirty-five  dollars,  was  not  introduced  till 


Title 4 1 .  Fraudulent  Conveyance....  Title 42.  Gamino\ 

TITLE  41.     Fraudulent  Conveyances. 
An  Act  against  Fraudulent  Conveyances. 

1  U^''  enacted  by  the  Senate  and  House  of  Rep- 
JLJ  resentatives,  in  General  Assembly  convened, 
That  all  fraudulent  and  deceitful  conveyances  of  lands  Fraudulent 
and  tenements,  or  any  interest  in  them,  and  of  goods  and  co"veyauces 
chattels,  and  all  bonds,  suits,  judgments,  executions,  or 
contracts,  made  with  intent  to  avoid  any  debt,  or  duty,  of 
others,  shall  be  utterly  void,  as  against  those  persons  on- 
ly, their  heirs,  executors,  administrators,  or  assigns,  whose 
debt  or  duty  is  endeavoured  to  be  avoided;  notwithstand- 
ing any  consideration,  upon  which  such  contract  may  be 
pretended  to  have  been  made. 

SECT.  2.  And  all  the  parties  to  such  fraudulent  con-  Punishment 
tract,  knowing  the  fraud,  who  shall  wittingly  justify   the  for  making 
same,  as  being  done  bonajlde,  and  on  good  consideration, 
shall  forfeit  one  year's  value  of  the  land,  and  the  whole 
v  alue  of  the  goods  and  chattels,  and  as  much  money  as 
shall  be  contained  in  such  fraudulent  bond  or  contract ; 
one  half  to  the  party  aggrieved,   who  shall   sue  for  and 
prosecute  the  same  to  effect,  and  the  other  half  to  the 
treasury  of  the  state.  (1 ) 

(1)  This  statute  was  probably  borrow-  omitted  as  obsolete  ;  and  a  singular  pro- 

ed  from  the  English  statute  of  13  Elis.  c.  vision  that  the  party  should  be  punished 

5.  but  was  expressed  in  plain   language,  for  the  fraudulent  conveyance,  unless  he 

very  different  from   the  verbosity  which  could  prove,  by  two  witnesses,  that  the 

characterises  the  statutes  of  England,  at  conveyance    was  bona   fide,   has    been 

that  period.     It  first  appears  in  the  revi-  omitted  as  superfluous.     It   has  been  de- 

sion  of  1702,  and  has  undergone  no   al-  cided,  that  a  conveyance  by  a  fraudulent 

teration,   except  that  at  the  revision   of  grantee   to  a  purchaser  for  a  valuable 

1750  the  word    "  contracts"  was  added.  consideration,  without  notice  of  the  fraud, 

At  this  time,  imprisonment  for  half  a  year,  is  void,  as  it  respects  the  creditors  of  the 

*s  a  punishment  for  the  offence,  has  been  fraudulent  grantor.     1  Conn.  Rep.  527. 

TITLE  42.      Gaming. 
An  Act  to  prevent  Gaming. 

-»  ^  iJ  enacted  by  the  Senate  and  House  ofRep- 
resentatives  in  General  Assembly  convened, 

...  i  i  ,  i  •      .         ftamlno'  coil** 


That  all  contracts  and  securities,  made  and  entered  into,  fracij 
by  any  person  or  persons  whatsoever,  where  the  whole,  void, 
or  any  part  of  the  consideration  of  such  contract  or  secu- 
rit . .  shall  be  for  money,  or  other  valuable  things  whatso- 
ever, won,  laid,  or  betted,  at  cards,  dice,  tables,  tennis, 
bowl?,  or  any  other  game  or  games  whatsoever,  or  at  any 


202 


Money  lost  at 
gaming  may 
be  recovered 
back,  by  the 
loser. 


Mode  of  de- 
claring. 


Defendant 
obliged  to  dis- 
close. 


Any  other  per- 
son may  sue 
for  money  lost 
in  gaming, 
tf  loser  do  not. 


Defendant's 
disclosure  not 
to  be  used 
against  him,  on 
a  public  pros- 
ecution. 


Title  42.     Gaming. 

horse-race,  or  other  sport,  or  pastime,  or  any  wager  what* 
soever,  or  for  reimbursing  or  repaying  any  money,  know- 
ingly lent  or  advanced,  at  the  time  and  place  of  such  play, 
horse-racing,  or  other  sport  or  pastime,  to  any  person  or 
persons  so  gaming,  betting,  or  wagering,  or  that  shall,  at 
such  time  and  place,  so  play,  bet  or  wager,  shall  be  utter- 
ly void. 

SECT.  2.  If  any  person  or  persons,  at  any  time  hereaf- 
ter, within  the  space  of  twenty-four  hours,  by  playing  at 
any  game  or  games  whatsoever,  or  by  betting  on  the  sides 
or  hands  of  such  as  do  play  at  any  game  or  games,  shall 
lose  to  any  one  or  more  person  or  persons  so  playing,  or 
betting,  the  sum  or  value  of  one  dollar  in  the  whole,  and 
shall  pay  and  deliver  the  same,  or  any  part  thereof;  the 
person  or  persons  so  losing  and  paying,  or  delivering  the 
same,  shall  be  at  liberty,  within  three  months  then  next 
following,  to  sue  for  and  recover  the  money,  or  the  val- 
ue of  any  goods  so  lost,  and  paid  Or  delivered,  or  any 
partthereof,  from  the  respective  winneror  winners  there- 
of, with  costs  of  suit,  by  action  of  debt,  founded  on  this  act, 
to  be  recovered  in  any  court  of  record,  having  cogni- 
zance of  the  sum  or  value  thereof;  in  which  action  it 
shall  be  sufficient  for  the  plaintiff  to  allege,  that  the  de- 
fendant is  indebted  to  the  plaintiff,  Of  received  to  the 
plaintiff's  use,  the  money  so  lost  and  paid,  or  the  value  of 
the  goods  won  of  the  plaintiff,  whereby  the  plaintiff's  ac- 
tion accrued  to  him,  according  to  the  form  of  this  act, 
without  setting  forth  the  special  matter:  And  the  defend- 
ant in  such  action,  shall  be  obliged  to  answer,  upon  oath, 
relative  to  the  discovery  of  the  money,  or  other  things, 
so  won  at  play  as  aforesaid,  if  the  plaintiff  shall  desire 
the  same ;  and  if  the  defendant  shall  refuse  to  testify  as 
aforesaid,  judgment  shall  pass  against  him,  as  in  case  of 
nihil  dicit. 

SECT.  3.  In  case  the  party  losing  such  money,  or  other 
thing,  as  aforesaid,  shall  not,  within  the  time  aforesaid, 
really  and  bonajide,  without  covin  or  collusion,  sue,  and 
with  effect  prosecute,  for  the  money  or  other  thing,  so 
lost  and  paid  or  delivered,  it  shall  and  may  be  lawful  to 
and  for  any  other  person,  by  action  founded  on  this  act, 
to  sue  for  and  recover  treble  the  value  thereof,  with  costs 
of  suit,  against  such  winner  or  winners  as  aforesaid,  the 
one  moiety  thereof  to  the  use  of  the  person  suing  for  the' 
same,  and  the  other  moiety  for  the  use  of  the  county 
wherein  said  offence  shall  be  committed.  Provided  al- 
ways, that  whenever  the  defendant  shall,  upon  the  re- 
quest of  the  plaintiff,  disclose,  upon  oath,  according  to 
the  provision  herein  before  made>  the  facts  by  him  dis- 
closed in  such  action,  shall  not  be  admitted  in  evidence 


Title  42.     Gaming.  203 

against  him,  upon  any  public  prosecution  for  the  same 
offence. 

SECT.  4.  On  information  made,  in  writing,  or  other-  Search  war- 
wise,  by  any  informing  officer,  or  by  the  select-men  in  .rant  for  bil- 
any  town,  or  the  major  part  of  them,  that  he  or  they  Stable  &c 
have  cause  to  suspect  that  any  billiard  table,  or  E  O  ta- 
ble, is  kept  or  concealed  in  any  house,  building  or  place, 
in  their  town,  and  shall  specify  such  house,  building  or 
place,  it  shall  be  lawful  for  any  two  justices  of  the  peace 
for  that  county,   to  issue  their  warrant,  directed  to  any 
proper  officer,  or,  if  need  require,  to  an  indifferentperson, 
him  requiring,  taking  to  himself  proper  assistance,  to  en- 
ter such  house,  building  or  place,  and  search  for  such  ta- 
ble, and  on  finding  the  same,  the  same  to  seize  and  carry  To  be  seized, 
away,  and  to  make  return  of  his  doings.     And  in  case  any 
such  table  shall  be  seized,  by  virtue   of  such  warrant, 
such  authority  shall  give  order  to  such  officer  or  indiffer- 
ent person,  to  destroy  the  same,  or  shall  cause  the  same  and  destroyed, 
to  be  destroyed. 

SECT.  5.  Whenever  any  person  shall  be  charged  with 
playing  at,  or  betting  upon,  any  game  prohibited  by  law, 
or  with  winning  or  losing  any  money,  or  other  valuable 
thing,  by  play  or  hazard,  upon  such  game,  or  with  suffer- 
ing any  game,  betting,  or  hazarding,  to  be  played  or  prac- 
tised, contrary  to  law,  or  with  owning,  possessing,  or  shar- 
ing in  any  billiard  table,  E  O  table,  faro-bank,  or  fund  for 
gaming,  contrary  to  law,  he  or  she  shall  be  required  to  be- 
come bound,  for  his  or  'her  appearance,  before  the  county 
court,  for  trial,  for  any  of  said  offences  :  he  or  she  shall 
also  be  required  to  become  bound,  in  another  or  further 
recognizance,  with  sufficient  surety  or  sureties,  for  his  or  Recognizance 
rher  good  behavior,  until  and  during  the  session  of  such  £or  8ood  be* 
court ;  which  recognizance  shall  be  to  the  treasurer  of  ' 
the  county,  in  the  sum  of  one  hundred  dollars,  and  shall 
be,  by  the  authority  taking  the  same,  certified  or  trans- 
mitted to  such  court.  And  such  court  may,  on  cause 
shewn,  require  such  person  to  become  further  bound  in 
a  recognizance,  with  sureties,  in  such  sum  as  shall  seem 
proper,  for  his  or  her  good  behavior,  until  and  during  the 
next  session  of  said  court.  And  if  any  person  shall,  du-  What  shall 
ring  the  time  he  or  she  shall  be  bound  to  the  good  be- 
havior,  as  aforesaid,  be  guilty  of  any  of  the  offences  afore- 
said, the  same  shall  be  taken  to  be  a  breach  of  his  or  her 
good  behavior,  and  a  forfeiture  of  such  recognizance ;  and 
judgment  shall  thereupon  be  awarded  for  the  amount 
thereof. 


204 


Title  43.     Gaols. 


TITLE  43.     Gaols. 


An  Act  concerning  Gaols  and  Gaolers, 


A  gaol  to  be 
kept  in  each 
county. 

In  what  coun- 
ties two  gaols 
shall  be  kept. 


Expense  of 
building  and 
repairing  gaol, 
to  be  defrayed 
by  the  county. 

Judges  of  the 
county  court 
and  representa- 
tives empower- 
ed to  tax  their 
respective 
counties. 

County  court 
empowered  to 
grant  execu- 
tion ; 

to  appoint  col- 
lectors ; 


to  displace 
them  . 


and  to  appoint 
others  to  finish 
the  collection. 


it  enacted  by  the  Senate  and  House  of  Rep- 
rescntatives  in  General  Assembly  convened. 
That  there  shall  be  kept  and  maintained,  in  good  and  suf- 
ficient condition  and  repair,  a  common  gaol,  in  every 
county  town,  in  the  several  counties  in  this  state  ;  and 
there  shall  be  two  such  common  gaols  in  each  of  the  sev- 
eral counties  of  New-London,  Fairfield  and  Middlesex. 
to  wit,  one  in  each  of  the  towns  of  New-London,  Nor- 
wich, Fairfield,  Danbury,  Middletown  and  Haddam. 

SECT.  2.  The  whole  expense  of  building  such  gaols. 
(when  there  shall  be  occasion  therefor,)  and  of  keeping 
them  in  repair,  shall  be  defrayed  by  the  respective  coun- 
ties to  which  the  same  belong. 

SECT.  3.  Whenever  it  shall  be  necessary  to  levy  a  tax 
on  the  inhabitants  of  any  county,  the  judges  of  the  coun- 
ty courts  with  the  representatives  for  the  time  being, 
chosen  to  attend  the  General  Assembly,  and  belonging  to 
the  towns  in  such  county,  shall  have  power  to  tax  the  in- 
habitants of  their  respective  counties. 

SECT.  4.  The  several  county  courts  shall  have  full 
power,  and  they  are  hereby  empowered,  to  grant  execu- 
tion to  levy  and  collect  any  tax  or  taxes  so  laid  as  afore- 
said ;  and  to  appoint  a  collector  in  each  town  within 
their  respective  counties,  as  often  as  occasion  shall  re- 
quire, to  collect  the  same  ;  which  collectors  shall  have 
the  same  powers  and  fees  as  collectors  of  the  state  taxes 
have.  And  in  case  any  person,  so  appointed  a  collect- 
or, shall  refuse  to  serve,  such  collector,  so  refusing, 
unless  excused  by  the  county  court,  shall  pay  a  fine  of 
seven  dollars,  to  the  treasurer  of  the  county.  And  it 
shall  be  lawful  for  the  county  courts,  in  their  respective 
counties,  to  displace  any  collector  of  county  taxes,  in 
their  county,  for  just  and  reasonable  cause  ;  and  in  case 
any  such  collector  shall  be  so  displaced,  or  shall,  for  any 
reason,  fail  to  complete  the  collection  of  the  taxes  speci- 
fied in  the  rate-bills  committed  to  him,  the  county  court 
of  that  county,  shall  be  authorized  to  receive  the  rate- 
bills  of  such  collector,  and  to  appoint  some  meet  person 
to  collect  such  sums  as  remain  uncollected  on  such  rate- 
bills  ;  and  the  person  so  appointed  shall  have  the  same 
powers,  and  be  subject  to  the  same  regulations  as  other 
collectors  of  county  taxe?. 


Title  43.     Gaols.  203 

SECT.  5.  The  county  treasurers,  under  the  direction  County  treas- 
of  the  respective  county  courts,  shall  give  out  their  war-  urer  to  lssue 
rants  to  such  collectors,  to  levy  and  collect  such  tax  ;  lectors. 
and  in  case  any  such  collector  shall  neglect  or  refuse  to 
pay  the  same  into  the  county  treasury,  according  to  the 
direction  of  such  warrant,  the  county  treasurer  shall,  by 
warrant  under  his  hand,  directed  to  some  proper  officer,  To   mate 
make  distress  on  such  collector's  person  or  estate,  for 
satisfying  such  sum  or  sums  as  shall  remain  unpaid,  of  the 
sum  or  sums  that  said  collector  was  ordered,  by  warrant 
to  him  directed,  to  levy  and  collect. 

SECT.  6.  Whenever  it  shall  be  necessary  to  build  a  Expense   of 
new  court-house,  or  to  repair  any  such  house,  in  any  ^Irin^court^" 
county  in  this  state,  the  expense  thereof  shall  be  defray-  house,  to  be  de- 
ed by  the  inhabitants  of  such  county  ;  and  the  taxes  that  frayed  by  the 
may  be  necessary  for  that  purpose,  shall  be  levied  and  county- 
collected  in  manner  aforesaid. 

SECT.  7.  The  respective  sheriffs  in  the  several  coun-  Sheriff  to  be 
ties  in  this  state,  for  the  time  being,  shall  have  the  charge  j[a!0:1per  th* 
and  custody  of  the  gaols  in  their  respective  counties  ;  and 
they  are  hereby  constituted  the  keepers  of  them,  and 
shall  and  may  put  in,  and  substitute  under  them,  such 
keepers  of  the  said  gaols  as  they  shall  see  cause,  and  shall 


be  responsible  for  all  damages  that  any  person  shall  sus-  13 


tain,  by  the  escape  of  any  prisoner  out  of  such  gaol, 

through  the  fault  or  connivance  of  such  keepers,  or  any 

other  person  whatsoever,  having  the  charge  of  such  gaols, 

under  such  sheriffs  ;  as,  also,  for  all  other  faults  and  neg-  and  for  all 

ligences  of  such  under-keepers,  by  said  sheriffs  appoint-  faults  of  under- 

ed,  in  any  matters  respecting  said  trust. 

SECT.  8.  No  person  shall  be  committed  to  prison,  by  Mittimus  neces* 

virtue  of  a  writ  of  attachment,  or  for  any  crime  or  of-  ^-7mo 
f,  .  .    .  •         t  i  •  njiinicuij 

ience,  without  a  mittimus,  signed  by  a  proper  magistrate, 

declaring    the    cause  .  and    ground    of    such    commit- 

ment, requiring  the  gaoler  to  receive  and  keep  such  per- 

son in  gaol  until  legally  discharged  ;    which  mittimus  and  a  sufficient,. 

shall  be  a  sufficient  authority  to    the  officer  io  com-  authority. 

mit,  and  to  the  gaoler  to  receive  and  hold  such  person  in 

custody. 

SECT.  9.  The  several  county  courts,  in  their  respec-  Liberties  of  th$ 
tive  counties,  shall  have  power  to  designate  a  certain  gaol. 
reasonable  space  of  ground,  adjacent  to  each  gaol,  to  be 
denominated  the  liberties  thereof,  and  to  alter  the  same, 
as  occasion  may  require.     And  it  shall  be  the  duty  of  the  Duty  of  the 
sheriff  to  permit  any  person,  who  shall  be  in  his  custody,  JjJJnJ  "  £*£ 
on  civil  process  only,  to  go  at  large  within  the  liberties  of  ers  to  the  liber 
the  prison  so  designated  ;    provided  such  person  shall  tie?. 
procure  and  offer  to  the  sheriff  a  bond,  to  his  acceptance, 
with  one  or  more  sufficient  sureties,  conditioned,  that  h^ 


Title  43.     Gaols. 

will  remain  a  faithful  prisoner,  within  the  limits  of  said 
liberties,  until  lawfully  discharged.     And  the  sheriff  shall 
New  security,    have  power  to  require  a  bond,  with  new  sureties,  when- 
ever he  shall  judge  it  to  be  necessary  ;  and  on  the  neg- 
lect or  refusal  of  the  prisoner  to  procure  such  bond, 
may  commit  him  to  close  confinement,  till  he  procure  the 
Power  of  the  same.     And  the  sheriff  may  commit  any  debtor  to  close 
mietr'deb°torS0To'  P""son,  whenever  he  shall  find  that  such  debtor  has  vol- 
close  prison,      untarily  departed  from  the  liberties  of  the  gaol,  and  re- 
turned within  the  same,  if  he  shall  judge  it  to  be  neces- 
sary, to  secure  him  against  a  liability  for  the  escape  of 
such  debtor. 
Prisoners  to         SECT.  10.  Every  person  who  shall  be  committed  to  the 

bear  their  own  ,        •i\'-  j.     •      .1  •  i      i       r  \ 

expenses.          common  gaol,  within  any  county  in  this  state  by  lawlul 

authority,  for  any  offence  or  misdemeanor,  shall  bear  the 
expences  of  conveying  him  or  her  to  the  said  gaol,  in- 
cluding necessary  guard,  and  also  of  his  or  her  support, 
while  in  gaol,  before  he  or  she  shall  be  discharged ;  and 
the  estate  of  such  person  shall  be  subjected  to  the  pay- 
State  atlornies  ment  of  such  expenses :  Provided,  that  the  state  attor- 
authorized  to     njes  jn  fae  several  counties,  by  and  with  the  advice  of 
one^luflden""  *ne  superior  or  county  court,  shall   be,   and  they  are 
only  for  fine     hereby  authorized,  at  their  discretion,  to  discharge  from 
and  costs.         imprisonment,  any  person  convicted  of  an  offence,  or 
misdemeanor,  and  holden  only  for  the  payment  of  fine 
and  costs,  who  hath  no  property,  or  means  of  satisfying 
the  same,  taking  his  or  her  note  therefor,  or  security,  if 
obtainable. 
Fuel,  bedding,      SECT.  11.  Suitable  fuel  and  bedding  for  the  accommo- 

&c.  10  be  fur-  Ration  of  debtors  closely  confined  in  gaol,  and  prisoners 
Dished.  ...  j  f  '  ,  ,,r 

committed  tor  matters  of  a  criminal  nature,  shall,  as  occa- 
sion may  require,  be  furnished  in  each  county  in  this 
state,  under  the  direction  of  the  county  court  in  the  coun- 
ty ;  and  the  expense  thereof  shall  be  defrayed  in  the  same 
manner  as  the  expenses  of  the  county  court. 

Prisoners  t»  be  SECT.  12.  All  prisoners  shall  be  permitted  to  provide 
furnTs'h  Ctheir  and  send  for  their  necessary  food,  where  they  please; 
own  necessa-  and  to  use  such  bedding,  linen  and  other  necessaries,  be- 
'nes-  longing  to  them,  as  they  think  fit,  free  from  charge,  and 

without  their  being  purloined  and  detained.     And  no 
Leeal  fees  only  i  /•  i     i     n    i  /• 

to  be  demand-  keePer  <»  a  common  goal  shall  demand  01  any  prisoner 

«d.  greater  fees  for  his  commitment,  discharge  or  chamber- 

room,  than  such  as  are  allowed  by  law. 

bel'o'dged'ilfthe       SECT*  l  3"   Prisoners  for  debt  sha11  not  be  lodged  in  any 

same  room  with  comm°n  gaol,  in  the  same  room  with  criminals  :  and  if 

criminals.          any  gaoler  or  keeper  of  a  prison  shall  offend  herein,  he 

shall  forfeit  and  pay  to  every  prisoner  for  debt,  aggrieved 

thereby,  treble  damages,  to  be  recovered  in  any  proper 

action,  by  virtue  of  this  act. 


Title  43.     Gaols.  207 

SECT.  14.  If  any  keeper  of  a  common  gaol,  shall  do,  Keeper  not  to 
or  cause  to  be  done,  to  any  prisoner  committed  to  his  inJure  P"s°&- 
custody,  any  wrong  or  injury,  contrary  to  the  true  intent  " 
of  this  act,  he  shall  pay  treble  damages  to  the  party  ag- 
grieved ;  and  also  such  tine,  not  exceeding  one  hundred 
dollars,  as  the  county  court  of  the  county  wherein  the 
offence  is  committed,  shall,  upon  information  or  com- 
plaint to  them  made,  considering  all  the  circumstances, 
think  fit  to  impose  upon  him. 

SECT.  15.  The  keeper  of  the  gaol  shall  not  be  obliged  Limitation  of 

to  furnish  food  and  necessary  support,  to  any  prisoner  keePer'»  l»abih- 
...  •«_•*£  ty   to    furnish 

committed  on  civil  process,  except  as  is  hereinafter  pro-  support. 
vided. 

SECT.  16.  When  any  person  is  committed  to  gaol,  on  Proceedings 
civil  process,  and  is  unable  to  pay  the  debt  or  demand,  KlnTSr tQ 
he  may  make  an  application  to  a  justice  of  the  peace  to  debtor's  oaih 
take  the  oath  hereinafter  provided  for  poor  debtors,  and 
shall  cause  notice  to  be  given  to  the  adverse  party,  if  an 
inhabitant  of  the  state,  otherwise  to  the  attorney  of  such 
adverse  party,  to  appear  and  shew  reason,  if  any  he  has, 
why  such  oath  should  not  be  administered  t  which  notifi- 
cation shall  be  signed  by  ajustice  of  the  peace,  and  shall 
be  served  at  least  four  days  inclusive,  before  the  day  spe- 
cified for  administering  the  same,  by  some  proper  oflicer, 
or  indifferent  person,  who  shall  leave  a  true  and  attested 
copy  thereof  with  the  adverse  party,  or  at  his  usual  place 
of  abode,  if  an  inhabitant  of  this  state,  otherwise  with  his 
attorney  ;  and  such  service,  if  made  by  an  officer,  shall 
be  proved,  by  his  return  on  such  notification ;  and  if 
made  by  an  indifferent  person,  by  his  affidavit,  before  a 
justice  of  the  peace,  indorsed  thereon:  and  the  justice  of 
the  peace  to  whom  such  notification  is  returnable,  shall 
proceed  to  enquire  into  the  matter,  and,  if  no  sufficient 
reason  be  shewn  to  the  contrary,  he  shall  administer  to 
such  debtor  the  following  oath,  to  wit:  "You  A.  B.  Formofoatb. 
solemnly  swear,  that  you  have  not  any  estate^  real  or  per- 
sonal, in  possession,  reversion,  or  remainder,  of  the  value 
of  seventeen  dollars  in  the  whole,  or  sufficient  to  pay  the 
debt  or  demand  for  which  you  are  imprisoned  ;  (except 
what  is  by  law  exempted  from  being  taken  on  execution) 
and  that  you  have  not,  directly  or  indirectly,  sold,  or 
otherwise  disposed  of,  all,  or  any  part  of  your  estate, 
thereby  to  secure  the  same,  to  receive  or  expect  any 
profit  or  advantage  thereof,  or  to  defraud  or  deceive  your 
creditors  :  So  help  you  Got?."  And  the  keeper  of  the 
gaol  shall  not,  thereafter,  stand  charged  with  such  pris- 
oner, unless  the  creditor  shall  lodge  with  the  keeper  o£ 
the  gaol,  such  sum  of  money  for  a  weekly  maintenance  as  Weekly  main- 
the  county  court  in  the  county  shall  establish,  as  die  te"8nce- 


208  Titk  43.     Gaols. 

weekly  allowance  to  be  made  by  creditors,  for  their  debt- 
ors, after  such  oath  shall  have  been  administered  to  them  ; 
which  maintenance  the  several  county  courts  are  author- 
Apportionment  izeci  to  establish  :  and  when  any  prisoner  shall  take  such 

in  case  of  two  oaju  UpOn  two  or  more  attachments  or  executions,  such 
or  more  attach-  ,  n  ,  .  .  .  ,  , 

mentsorexecu-  weekly  allowance  shall  be  paid,  in  equal  proportions,  by 

tions.  the  plaintiffs  or  creditors,  by  whom   he  is  detained  in 

Keeper  to  pay  prison  ;  and  it  shall  be  the  duty  of  the  gaol-keeper  to 
over  money  to  pay  to  such  prisoner,  every  week,  the  amount  of  his/veek- 
}y.S°  *"  ty  allowance  in  money,  if  by  him  requestcd.(  1 ) 

SECT.  17.  When  any  person,   committed  to  gaol  on 
fme^fp^operty  c'v^  process,  shall  claim  to  be  destitute  of  property,  he 
to  be  supported  may  apply  to  the  keeper  of  the  gaol,  who  shall  furnish 
u"t51   lie  can    him  with  necessaries,  in  case  such  prisoner  shall,  forth- 
debtor's  oath".    with?  proceed  to  take  the  oath  provided  for  poor  debtors, 
in  manner  aforesaid  ;  and  in  ease  said  oath  shall  be  so 
administered,  the  keeper  of  the  gaol  shall  not  stand  charg- 
ed with  such  prisoner,  unless  the  plaintiff  or  creditor 
shall  leave  money  for  his  support,  as  aforesaid,  and  also 
pay  for  the  support  of  such  prisoner  from  the  time  he 
made   application  for  his  support,  till  he  took  the  pt>or 
debtor's  oath,  at  the  same  rate  as  shall  be  established  for 
his  weekly  maintenance,  provided  the  time  shall  not  ex- 
Keeper  to  have  cee(^  seven  days  ;  and  if  the  plaintiff  or  creditor  shall  not 
remedy  against  pay  for  the  support  of  such  prisoner,  antecedent  to  his 
creditor,  or        taking  the  poor  debtor's  oath,  the  keeper  of  the  gaol 
shall  be  entitled  to  recover  the  same,  by  a  proper  action, 
against  such  plaintiff  or  creditor.     And  if  such  plaintiff 
or  creditor  shall  be  unable  to  pay  the  same,  said  keeper 
''  shall  have  right  to  recover  it  of  the  town  where  such  pris- 
oner belongs  ;  and  if  he  belong  to  no  town  in  the  state, 
then  such  expense  shall  be  paid  by  the  state. 

(1)  In  the  revision  of  1672,  there  was  a  rious  modifications,  bas  continued  to  tbe 

provision,  tbat  no  man  should  be  kept  in  present  time.     By  our  law,  the  goods  or 

prison  for  debt,  unless  be  had  some  estate  the  lands  of  a   person  may  be  taken  for 

which  he  would  not  produce  ;  and  that  tbe  payment  of  bis  debts,  or  for  the  sat- 

any    court,   assistant,   or    commissioner  isfacMon  of  an  injury  :  and  his  body  may 

might  administer  an  oath  to  the  party,  or  be  imprisoned,  to  compel  1he  production 

any  others  suspected  to  be  concerned  in  of  his  property  for  the  same  purposes.    If 

concealing  his  estate  :    and  if  no  estate  his  person    is  imprisoned,  and  be  has  no 

appeared,  then  he  should  satisfy  his  debt,  estate  beyond  a  limited  amount,  he  can 

by  service,  if  the  creditor  required  it ;  but  take  the  poor  debtor's  oath,  and  may  not 

could  not  be  assigned  to  any  but  those  of  be  detained  in  gaol,  unless  the  creditor 

the  English  nation.     This  law  continued  will  furnish  a  support.    If  the  creditor 

in  torce  till  1810,  but  was  rarely  carried  should  furnish  a  support,  he  can  then  ap- 

into  effect.     In  1702,  an  act  was  passed,  ply  to  the  superior  court,  for  a  decree  of 

prescribing  the  form  of  oath  to  be  taken  insolvency  ;  and  if  he  can  prove,  that  he 

by  an  imprisoned  debtor,  on  giving  notice  is  an  honest  man,  he  may  be  liberated  ; 

to  the  creditor;  in  which  case,  the  debtor  so  that,  by  our  law,  no  honest  man,  des- 

eould  not  be  detained  in  gaol,  unless  the  titute  of  property,    can  be  detained  in 

creditor  furnished  him  a  weekly  allow*-  prison  for  debt. 
ance  for  his  support  i  which  act,  with  va- 


Title  43.     Gaols.  209 

SECT.  18.  A  pension  granted  to  any  person,  for  service  A  pension  not 
in  the  army  or  navy  of  the  United  States,  shall  not  pre-  to  Prectllde 
elude  him  from  taking  the  oath,  provided  for  poor  debt- 
ors as  aforesaid. 

SECT.  19.  When  any  such  prisoner  shall  make  appli-  Application 

cation  to  take  such  oath,  and  be  refused,  he  shall  not,  at  fo,  oa!b.'  after 

'         refusal  by  ius- 
any  time  afterwards,   be  allowed  to  make   application  tjce,  how 

therefor,  unless  the  same  shall  be  made  to  two  judges  of  made. 

the  county  court,  or  to  one  such  judge  and  a  justice  of 

the  peace,  giving  due  notice  as  aforesaid,  who  are  hereby 

authorized  to  decide  upon  such  application,  and  reject 

the  same,  or  to  administer  said  oath,  as  shall  appear  to 

them  just  and  proper.     Provided,  however,  that  if  from  Further  appli- 

any  change  in  the  circumstances  of  such  prisoner,  sub-  change °of  ch> 

sequent  to  the  rejection  of  his  application  by  said  two  cumstances. 

judges,  or  said  one  judge  and  a  justice  of  the  peace,  he 

shall  become  lawfully  entitled  to  take  said  oath,  he  may 

again  make  application  therefor,   in  the  manner  herein 

before  provided. 

SECT.  20.  Whenever  such  oath  shall  be  administered,  Review  on  ar>- 
by  a  single  justice,  upon  the  first  application,  the  adverse  creditor"  ° 
party  shall  have  liberty  to  apply  (if  he  see  cause)  to  two 
judges  of  the  county  court,  or  to  one  such  judge  and  a 
justice  of  the  peace,  to  review  the  cause;  giving  reasona- 
ble notice  thereof  to  the  prisoner  ;  and  if,  upon  full  hear- 
ing thereof,  it  shall  appear  to  the  satisfaction  of  the  triers, 
that  the  prisoner  is  not  by  law  entitled  to  the  benefit  of 
such  oath,  they  shall  have  power  to  order  his  or  her  sup- 
port to  cease  ;  and  such  prisoner  shall  thence-forward  be 
holden  in  prison,  in  the  same  manner  as  though  said  oath 
had  never  been  administered. 

SECT.  21.  All  necessary  expenses  of  the  creditor,  for  Expenses  ef 
the  detention  and  maintenance  of  any  such  prisoner  in  p^d'b^prh'.6 
gaol,  the  said  creditor  shall  have  power  to  levy  with  the  oner, 
execution,  before  the  said  prisoner  shall  be  discharged 
from  gaol. 

SECT.  22.  Every  person  who  shall  be  imprisoned  for  Pc/sons  im- 
non-payment  of  any  fine  imposed  by  a  military  officer  or  mjij"",!  g^ 
court  martial,  shall  not  be  admitted  to  the  oath  provided  not  to  be  ad- 
for  poor  debtors,  but  may  be  released  therefrom  by  the  mitted  to  poor 
State  Attorney  for  the  county,  by  and  with  the  advice  of  but  may bere- 
a  judge  of  the  county  court,  upon  receiving  a  note  or  leased, 
notes  for  such  fine  and  costs. 

SECT.  23.  Whenever  the  prisoners,  in  any  gaol  in  this  Removal  of 
state,  shall  be  exposed  to  any  prevailing  malignant  sick-  accounTof011 
ness,  it  shall  be  the  duty  of  the  chief  judge,  or  the  asso-  prevailing 
ciate  judges,  of  the  county  court,  in  the  county  where  sickl>ess. 
such  sickness  prevails,  to  cause  such  prisoners  to  be  re' 
moved  at  the  expense  of  the  state,  to  some  place  of 


210 


Title  43.     Gaols. 


Remanding  of 


Removal,  for 


Gaols  to  be 
used  under  au- 

United  States 


Liability  of 
the  county  for 
escape  through 
insufficiency  of 
the  gaol. 


Appeal. 


Power  of  the 
county  court 

county 


safety,  in  the  next  gaol,  in  the  same  or  adjoining  county, 
there  to  be  kept  in  the  same  manner  as  though  such  re- 
moval had  not  been  made,  until  such  sickness  shall  abate 
in  the  place  or  places  from  whence  such  prisoners  have 
been  removed  ;  and  then  such  prisoners  shall,  by  order  of 
such  chief  judge,  or  associate  judges,  be  removed  back 
from  whence  they  were  taken,  also  at  the  expense  of  the 
state.  And  all  keepers  of  gaols  to  which  such  prisoners 
shall  be  removed,  agreeably  to  the  order  of  the  chief 
judge,  or  associate  judges,  are  hereby  commended  to  re- 
ceive such  prisoners,  and  them  safely  keep  untill  they 
shall  be  duly  remanded  as  aforesaid,  or  released  accord- 
ing to  law. 

SECT.  24.  When  any  county  is  destitute  of  a  gaol,  any 
Person  *n  sucn  county,  liable  to  be  imprisoned,  may,  by 
lawful  authority,  be  sent  to  the  common  gaol  of  the  next 
adjoining  county  ;  and  the  keeper  of  such  gaol  shall  re- 
ceive and  keep  such  prisoners  accordingly. 

SECT.  25.  The  gaols  in  the  several  counties  may  be 
used  under  the  authority  of  the  United  States,  for  the  con- 
finement  and  safe-keeping  of  prisoners  ;  and  the  marshal 
of  the  district  of  Connecticut,  or  any  other  officer  acting 
under  the  authority  of  the  United  States,  shall  have  the 
same  liberty  to  use  said  gaols,  and  the  same  authority  in 
the  keeping  of  prisoners  in  said  gaols,  under  the  authority 
of  the  United  States,  as  the  keepers  of  said  gaols  under 
the  authority  of  this  state  have. 

SECT.  26.  If  any  person,  lawfully  committed  to  any  of 

^he  gaols  in  this  state,  in  any  civil  cause,  shall  break  such 

i         j  u  •  ^i  r  ^ 

gaol,  and  make  his  escape,  through  or  by  reason  ol  the 

defects  or  insufficiency  of  such  gaol,  the  costs  and  charg- 
es occasioned  and  expended  thereby,  and  the  damages 
sustained  by  the  person  or  persons,  for  whose  cause  the 
said  prisoner  was  committed  to  gaol,  by  reason  of  such 
escape,  shall  be  paid  and  answered  out  of  the  county 
treasury,  of  that  county  wherein  such  defective  gaol  is  ; 
and  the  county  court,  of  that  county,  upon  application  to 
them  made,  and  proof  thereof,  shall  order  payment  ac- 
cordingly ;  the  said  costs  and  damages  being  first  by  them 
justly  ascertained  and  allowed  ;  and  in  case  any  person 
or  persons  shall  be  aggrieved,  by  the  denial  or  determina-. 
tion  of  such  county  court,  he  or  they  may  appeal  to  the 
next  superior  court  to  be  holdon  in  that  county  ;  which 
court  is  empowered  to  hear,  adjust  and  determine  the 
same,  and  order  payment  as  aforesaid,  with  reasonable 
costs. 

SECT.  27.  If  there  shall  not  be  a  sufficiency  of  money, 
at  any  time,  in  the  county  treasury,  to  answer  such  or- 
^erp'  ^e  coun<7  court  of  the  county  wherein  monies  are 


Title  44.     General  Assembly.  2 11 

wanting  for  the  purpose  aforesaid,  are  hereby  empower- 
ed and  directed  to  tax  and  assess  the  inhabitants  of  such 
county,  in  such  sum  as  the  court  shall  judge  needful,  for 
the  purpose  aforesaid ;  and  to  appoint  and  empower  a 
collector  or  collectors,  for  collecting  the  same,  and  to 
grant  a  warrant  or  warrants  accordingly ;  which  collect- 
ors shall  have  the  same  powers  and  fees,  and  shall  be 
liable  to  be  displaced  in  the  same  manner,  and  be  subject 
to  the  same  regulations,  as  other  collectors  of  county 
taxes. 

SECT.  28.  Provided  nevertheless,  that  nothing  in  this  Proviso,  ex- 
act shall  be  construed  to  prejudice  or  hinder  any  party  cmpting  the 

f  j  ,      county  where 

or  person,  from  recovering  any  expense,  damages  or  costs,  Sati8faction 

of  the  person  or  persons,  or  out  of  the  estate  of  such  may  otherwist^ 
person  or  persons,  who  shall  break,  or  be  aiding  or  assist-  be  ha<*- 
ing  in  breaking  the  gaol,  or  who  shall  escape,  or  be  aiding 
thereto,  according  to   law ;  and  when  such  remedy  for 
satisfaction  may  be  had,  the  county  shall  not  be  charged 
with,  nor  be  ordered  to  pay,  the  said  expense,  damages  or 
costs.     Provided  also,  that  nothing  in  this  act  shall  be  Proviso,  as  to 
construed  or  extended  to  save  harmless,  or  excuse  any  llhftbl.1»y  of 
sheriff,  in  any  escape,  but  what  shall  happen  through  the 
defect  or  insufficiency  of  the  gaol  as  aforesaid,  and  that 
without  his  default  or  negligence  ;  nor  shall  this  act  hin- 
der any  person  from  any  remedy  he  now  hath,  or  hereaf- 
ter by  law  shall  have,  in  all  or  any  of  the  matters  afore'- 
said. 


TITLE  44.     Genera! Assembly. 

An  Act  prescribing  the  mode  of  proceeding  by 
the  General  Assembly,  in  certain  cases. 

1      BBE  it  enacted  by  the  Senate  and  House  of  Rep- 
JL9  resentatives  in  General  Assembly  convened, 
That  all  bills  for  public  acts  or  laws,  which  shall  have  Bills  for  pub- 
been  passed  by  both  houses  of  the  general  assembly,  liCf*fts>       j. 
shall,  as  soon  as  passed,  be  carefully  and  accurately  en-  ed  with 
grossed,  in  a  fair  round  hand,  free  from  erasure  and  inter- 
lineation; and  such  engrossed  bills  shall  be  signed  by 
the  speaker  of  the  house  of  representatives,  and  by  the 
president  of  the  senate,  and  shall  then  be  presented,  by 
the  secretary,  to  the  governor,  for  his  approbation  ;  and 
the  bills  thus  signed  by  the  speaker  of  the  house,  and  the 
president  of  the  senate,  which  shall  be  approved  by  the 
governor,  and  if  not  approved  by  him,   shall  otherwise, 
agreeably  to  the  constitution  of  this  state,  become  law§. 


212 


Title  45.     Governor. 


Engrossing 
committee. 
Their  duty. 


Adversary  pe- 
titions to  be 
referred  to 
joint  commit- 
tees. 


Each  bouse  au- 
thorized to 
make  out  their 
debentures. 


Public  statutes 
when  to  take 
effect. 

Clerk  of  the 
senate,  &c.  em- 
powered to  ad- 
minister oaths. 


shall  be  public  acts  or  laws,  and,  as  such,  be  recorded  and 
kept  on  file  ;  and  the  secretary,  at  the  end  of  each  session, 
shall  cause  such  acts  or  laws  to  be  published,  from  cor- 
rect copies,  by  him  made  for  that  purpose. 

SECT.  2.  And  in  the  beginning  of  each  session,  a  com- 
mittee of  three  persons  shall  be  appointed,  by  and  from 
the  house  of  representatives ;  and  it  shall  be  the  duty  ol 
such  committee  to  procure  such  bills  to  be  engrossed,  at 
the  expense  of  the  state,  to  be  charged  in  the  contingent 
expenses  of  the  house  of  representatives,  and  to  present 
such  engrossed  bills  to  the  speaker,  to  be  by  him  signed, 
and  transmitted  to  the  president  of  the  senate  for  his  ^itr- 
nature. 

SECT.  3.  And  all  petititions  of  an  adversary  nature, 
pending  before  the  general  assembly,  shall  be  referred 
to  a  joint  committee  of  the  senate  and  house  of  represen- 
tatives, which  shall  report  the  facts,  and  their  opinion 
thereon. 

SECT.  4.  And  each  house  of  the  general  assembly  are 
hereby  authorized  and  empowered  to  make  out  their  re- 
spective debentures,  and  to  make  the  grants  necessary 
and  proper  to  cover  their  contingent  expenses  ;  which, 
being  duly  registered  in  the  comptroller's  office,  shall  be 
paid  by  the  treasurer. 

SECT.  5.  All  public  statutes  shall  take  effect  from  the 
rising  of  the  general  assembly  by  which  they  are  passed, 
unless  otherwise  directed  by  such  statutes. 

SECT.  6.  The  clerk  of  the  senate,  the  clerks  of  the 
house  of  representatives,  and  the  chairman  of  committees 
of  the  general  assembly,  or  of  either  branch  thereof,  shall 
have  power,  respectively,  to  administer  oaths  during  the 
session  of  the  general  assembly. 


TITLE  43.     Governor. 


Governor  au- 
thorized to  ap- 
point a  secre- 
tary ; 


his  duty. 


An  Act  authorizing  the  Governor  to  appoint  a 
Secretary  and  Notaries  Public. 


SECT.   1. 


lE  it  enacted  by  the  senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
That  the  governor  of  the  state,  for  the  time  being,  or  the 
person  by  whom  the  office  of  governor  may  be  adminis- 
tered, be,  and  he  is  hereby  authorized  and  empowered  to 
appoint  a  secretary,  who  shall  duly  receive  the  oath  pre- 
scribed by  the  constitution,  for  executive  and  judicial  of- 
ficers, and  whose  duty  it  shall  be  to  attend  the  governor, 
or  the  person  administering  the  office  of  governor,  during; 


Title  46.     Grand-Jurors.  213 

the  sessions  of  the  general  assembly,  and  at  all  times  to 
keep  a  correct  journal  and  record  of  all  executive  pro- 
ceedings and  decisions,  and  to  do  all  other  acts  which 
shall  be  duly  required  of  him,  which  shall  appertain  to 
said  office  ;  for  which  services  he  shall  be  allowed  the 
sum  of  two  hundred  dollars  per  annum  ;  and  a  certificate  Compensation, 
from  the  person  administering  the  office  of  governor,  for 
the  time  being,  directed  to  the  comptroller,  stating  the 
sum  due,  shall  authorize  the  comptroller  to  draw  on  the 
treasurer  of  the  state  for  the  payment  thereof:  and  it 
shall  be  the  duty  of  the  secretary,  to  deliver  over  the  ex- 
ecutive journal  and  record,  and  all  papers  appertaining 
to  the  executive  department,  to  the  successor  in  office 
to  the  person  by  whom  he  may  be  appointed,  as  afore- 
said: and  the  executive  journal  and  record,  shall,  at  all 
times,  be  subject  to  the  inspection  of  a  committee,  ap- 
pointed by  the  general  assembly  ;  and  copies  thereof  may 
be  received  by  the  general  assembly ;  and  all  copies  of 
the  executive  journal  and  record,  attested  by  the  secre- 
tary, shall,  in  all  cases,  be  admitted  as  legal  evidence  : 
And  the  secretary  shall  not  demand  or  receive  any  com- 
pensation for  copies  he  may  furnish. 

SECT.  2.  And  the  governor  is-  hereby  empowered  to  Governor  em- 
administer  oaths  ;  and  to  appoint  and  commission  such  admfn7ster° 
notaries  public,  as  the  commercial  interests  of  the  state  oaths,  and  to 

mav  render  necessary  and  convenient.  appoint  nota? 

ries  public, 

TITLE  46.     Grand-Jurors. 
An  Act  relating  to  Grand-Jurors. 

O 

.     ~|^  E  It  enacted  by  the  Senate  and  House  of  Rep- 
1LB   resentatives  in  General  Assembly  conventd, 
That  every  town,  at  their  annual  meeting  for  the  elec-  ^^"Vfnd11" 
tion  of  town-officers,  shall  choose  and  appoint  not  less  jurors  annual 
than  two,  nor  more  than  six  grand-jurors,  to  serve  for  the  ly- 
year  ensuing;  who  shall  take  the   oath  prescribed   by 
law. 

SECT.  2.  It  shall  be  the  duty  of  grand-jurors,  diligently  Their  duty, 
to  enquire  after,  and  to  make  due  presentment  of,  all 
crimes  and  misdemeanors,  that  shall  come  to  their  know- 
ledge, whether  committed  before  or  after  their  appoint- 
ment to  the  office  ;  which  presentment  they  shall  make 
to  the  court  having  cognizance  of  the  offence,  or  to  some 
justice  of  the  peace,  in  the  town  where  the  offence  is 
committed. 

SECT.  3.  If  any  person  elected  a  grand-juror,  shall  re-  £es?nalt{0f°cr.r§r 
fuse  to  accept  the  office,  and  take  the  oath  prescribed  by      '"       ™ 

"29 


214 


Title  -46.      Grand- Juron, 


Penalty  for 
neglect  of  duty, 


Penalty  on 
towns  for  neg- 
lecting to  ap- 
point grand- 
jurors. 


Grand'jurora 
may  meet  ; 


may  require 
attendance  of 
witnesses. 


^Proceedings  to 
compel  them 
to  appear  and 
to  testify. 


Power  of 
courts  to  sum- 
mon grand- 
jury. 


law,  (unless  he  can  render  a  sufficient  and  satisfactory  rea- 
son to  the  town-meeting,  or  to  the  authority  before  whom 
he  shall  be  called  to  take  the  oath,  why  he  ought  not  to 
serve.)  he  shall  forfeit  the  sum  of  five  dollars,  to  the  use 
of  the  town  treasury,  to  be  recovered  by  a  proper  action, 
in  the  name  of  the  treasurer  ;  and  it  shall  be  the  duty  of 
the  town  to  appoint  another  grand-juror  in  his  place. 

SECT.  4.  If  any  grand-juror,  after  he  is  sworn,  shall 
neglect  to  make  seasonable  complaint,  of  any  crime  or 
misdemeanor,  committed  within  the  town  where  he  lives, 
that  shall  come  to  his  knowledge,  he  shall  forfeit  the  sum 
of  two  dollars,  for  every  such  offence,  one  half  to  him 
who  shall  prosecute  to  effect,  and  the  other  half  to  the 
use  of  the  town  where  the  offence  is  committed. 

SECT.  5.  If  any  town  shall  neglect  or  refuse  to  appoint 
grand-jurors,  as  is  required  by  this  act,  such  town  shall, 
for  every  such  neglect  or  refusal,  incur  a  penalty  of  seven- 
teen dollars,  to  the  use  of  the  treasury  of  the  .county  to 
which  such  town  belongs  :  and  it  shall  be  the  duty  of  the 
attorney  for  the  state  to  prosecute  for  the  same. 

SECT.  6.  The  grand-jurors,  in  each  town,  may,  if  they 
judge  it  necessary  and  proper,  meet  at  such  times  and 
places  as  they  shall  appoint,  to  advise  concerning  such 
breaches  of  law,  as  by  their  office,  they  are  to  enquire 
after  and  present :  and  they  shall  have  power  to  call  be- 
fore them,  at  such  meetings,  any  person  or  persons,  as 
witnesses,  to  be  examined  touching  such  delinquency  as 
they  are  enquiring  after :  and  if  any  person  refuse  to  ap- 
pear before  such  grand-jurors,   at  such  meeting,   being 
summoned  by  a  subpoena  from  a  justice  of  the  peace, 
(which  subpoena  any  justice  of  the  peace  is  hereby  em- 
powered to  grant,  at  the  request  of  such  grand-jurors,) 
then  such  grand-jurors  may  apply  to  a  justice  of  the  peace 
for  a  capias,  or  warrant,  who  may  issue  one  to  bring  such 
person  before  them  ;  and  if  any  person  appearing,  or  be- 
ing brought  by  a  warrant,  before  such  grand-jurors,  shall 
refuse  to  be  sworn,  or  being  sworn,  shall  refuse  to  be 
examined  as  a  witness,  or  to  answer  any  proper  or  per- 
tinent questions,  respecting  the  matter  of  enquiry,  such 
grand-jurors  may  make  complaint  to  any  justice  of  th& 
peace,  who  shall  cause  such  person  to  be  brought  before 
him,  and,  on  conviction,  shall  commit  him  to  to  the  com- 
mon gaol,  there  to  remain  at  his  own  expense,  until  he 
give  evidence  as  aforesaid. 

SECT.  7.  The  superior  and  county  courts  shall  have 
power,  when  there  shall  be  occasion,  to  order  a  grand- 
jury  of  eighteen  sufficient  freeholders  of  the  county, 
where  the  court  is  sitting,  to  be  summoned,  impannelled 
and  sworn  to  enquire  after  all  crimes  and  offences  cog- 


Title  46.    Grand- Jurors.  215 

Sizable  by  said  courts  respectively  ;  and  no  person  shall  jnw 

be  put  to" plead,  or  held  to  trial,  for  any  offence  pumsha-      nd_jliry  is- 

ble  with  death,  or  imprisonment  for  life,  unless  a  bill  oi  necessary. 

indictment  be  found,  by  a  grand-jury,  legally  impanneled 

and  sworn  ;  and  no  bill  of  indictment  shall  be  presented 

by  any  grand-jury  so  impanneled,  unless  twelve,  at  least, 

SECT.  8.  For  all  other  crimes  presentment  may  be 
made  by  grand-jurors,  appointed  by  towns,  or  information  ed 
may  be  exhibited  by  the  attorney  for  the  state,  in  the 

"  ij.     J    /  ~l  \ 


county  where  committed. (1) 


(1)  In  1643,  an  act  was  passed,  requir- 
ing thai  a  grand-jury  of  twelve  men  should 
be  warned,  to  appear  at  the  court  in  Sep- 
tember, annually,  or  as  many  as  the  gov- 
ernor or  court  should  think  meet,  to  make 
presentments  of  the  breaches  of  any  laws 
or  orders,  or  of  any  other  misdemeanors, 
within  the  jurisdiction,  which  should  come 
to  their  knowledge.     In  the  revision  of 
1672,  it  is  ordered,  that  the  clerks  of  the 
several    county  courts,   should,  by  their 
warrant,  require  one  or  more  honest,  able, 
and  judicious  man  or  men,  of  every  plan- 
tation in  their  county,   to  serve  on  the 
^rand-jury :  who  were  to  be  sworn  to  make 
due  presentmentof  all  breaches  of  the  law, 
that   should  come   to    their   knowledge. 
In  the  revision  of  1702,  there  is  a  statute, 
directing  the  clerks  of  the  several  county 
courts,  by  warrant,  to  require  one  or  more 
honest,  able  and  judicious  men,  of  every 
town  in  their  respective  counties,  to  ap- 
pear at  their  respective  county  courts,  or 
before  the  next  assistant  or  justice  of  the 
peace,  to  serve  on  the  grand-jury,  and  to 
take  the  oath  ;  who  should  make  diligent 
enquiry  after,  and  make  presentment  of, 
all  misdemeanors  and  breaches  of  the  law 
that  should  come  to  their  knowledge,  once 
a  month,  to  the  next  assistant  or  justice  of 
the  peace  ;  who  were  empowered  to  hear 
and  determine  all    delinquencies,  where 
the  penalty  did  not  exceed  forty  shillings, 
and  where    the    penalty    exceeded  forty 
shillings,  to  bind  tbe  offender  to  the  next 
court  where  the  offence   was  cognizable. 
This  act  first  gave  to  single  grand-jurors 
the    power   of  making   presentment  tor 
crimes,  and  established  informing  officers 
in  every  town      By  the  common  law,  pre- 
sentments can  be  made  by  the  grand-jury, 
only  when  they  are  summoned  to  attend 


a  court  of  criminal  jurisdiction  for  that 
purpose. 

In  1712,  a  law  was  passed,  that  every 
town  should  appoint,  at  their  annual  meet- 
ing, two  or  more  grand-jurors,  for  the  en- 
suing year  ;  who  should  be  sworn  by  an 
assistant  or  justice  of  the  peace  ;  and  that 
the  clerk  of  the  town  should  return  tlieir 
names  to  the  clerk  of  the  county  court, 
who  was  required  to  summon  such  num- 
ber of  the  grand-jurors  as  should  be  ne- 
cessary, to  serve  at  the  county-courts 
There  is  nothing  in  these  early  statutes 
respecting  the  summoning  of  a  grand-jury 
to  appear  before  the  superior  court.  Ihe 
practice  was,  however,  for  the  superior 
court  to  summon  a  grand  jury,  in  all  capi- 
tal cases. 

As  single  grand-jurors  could  present  lor 
crimes,  it  became  unnecessary  to  summon 
a  grand-jury  to  attend  the  courts,  when  in 
session.     Accordingly,  the  practice  seems 
to  have  been  discontinued  ;  and  in  the  re- 
vision  of  1784,   this  requirement  of  the 
law  is  omitted,  and  the  superior  and  coun- 
ty courts  have  power  given  them  to  order 
a  grand-jury  of  eighteen  of  those  chosen 
by  the  respective   towns,   or  other  free- 
holders of  the  county,  when  there  should 
be  occasion  :  and  in  capital  cases,  it  wa» 
rendered  necessary    that  the  indictment 
should  be  found  by  a  grand-jury,  in  which 
twelve  should   agree.    The  practice  was, 
for  single  grand-jurors,  and  attornies  for 
the  state,  to  present  for  all  crimes    but 
those  which  are  capital:  and  in  those  cases 
a  grand-jury  of  eighteen  freeholders  of  the 
county  were  summoned,  by  order  of  the 
court;  and  now,   by  the  constitution,  all 
offences  punishable  by  imprisonment  for 
life,  as  well  as  capital  offences,  must  be 
prosecuted  by  the  indictment  of  a  grand- 
jury. 


216  Title  47.     Guardian. 

TITLE  47.     Guardians. 

An  Act  relating  to  Guardians  and  Minor*. 

TTJ  E  it  enacted  by  the  Senate  and  House  of  Rep- 

^  j/  /"p  R'<Vk 

When   persons  '   -BJ  rescntativ'es,  inGencral  Assembly  convened, 

are  of  full  age.  That  all  persons  who  have  arrived  to  the  age  of  twenty- 
one  years,  shall  be  deemed  of  full  age ;  shall  be  freq  from 
Age  for  choos-  the  government  of  parents,  guardians,  or  masters  ;  and 
ing  guardians.  shall  be  capable  to  do  any  lawful  act.  The  age  for 
Guardians  of  choosing  guardians  shall  be  fourteen  in  male,  and  twelve 

minors  under     in  female  children.     The  courts  of  probate,  in  their  re- 

tbatage.tobe  ,•         i-   ,   •    .       i_    11  i 

appointed  by     spective  districts,  shall  have  power  to  appoint  guardians 

court  of  pro-     to  all  minors,  under  the  age  for  choosing  guardians,  who 
bate-  have  no  father,  guardian  or  master  ;  and  to  approve  of 

Appointment     guardians  chosen  by  those  who  are  of  age  for  that  pur- 
of  guardians       pOge> 

SECT.  C2.  Where  there  shall  be  any  minor  of  age  for 
choosing  a  guardian,  who  has  no  father,  guardian  or  mas- 
ter, the  judge  of  probate,  within  whose  district  the  minor 
resides,  shall  notify  him  to  appear,  and  choose  some  prop- 
er person  to  be  his  guardian  ;  and  if  such  judge  shall  ap- 
prove of  the  person  chosen,  he  may  allow  him  to  be  guar- 
dian ;  but  if  he  disapprove  of  such  person,  so  chosen, 
then  the  minor  may  choose  some  other  proper  person,  to 
be  approved  of  arid  allowed  as  aforesaid  ;  and  if  such  mi- 
nor shall  refuse  or  neglect  to  make  a  choice,  or  shall  not 
choose  a  person  approved  of  by  said  judge,  then  the  judge 
Guardian  lobe  may  appoint  a  guardian  for  the  minor. 

appointed,  SECT.  3.  Where  a  minor  has  a  father  naturally  want- 

where  the  T  •  1-11 

father  is  inca-     inS  in  understanding,  or  insane,  so  as  to  be  incapable  to 

pable  ;  take  care  of  and  provide  for  him,  the  judge  of  probate, 

within  whose  district  he  resides,  shall  appoint  a  guar- 

and  where  the  dian,  in  the  same  manner  as  if  the  father  were  dead. 

minor  has  es-  SECT.  4.  Where  a  minor,  having  a  father,  is  entitled  to, 
or  possessed  of,  estate,  real  or  personal,  not  derived  from 
his  father  ;  or  where  a  minor,  who  has  a  master,  is  enti- 
tled to,  or  possessed  of,  estate,  real  or  personal  ;  the 
judge  of  probate',  whenever  there  shall  be  occasion,  shall 
have  power  to  notify  the  father  or  master  to  appear,  and 
shew  reasons,  why  a  guardian  should  not  be  appointed  ; 
and  if  sufficient  reasons  are  not  shewn,  may  appoint  the 
father  or  master,  if  proper  persons ;  if  not,  then  such 
person  as  the  minor  may  choose,  if  of  age  to  choose  a 
guardian  ;  but  if  such  minor  shall  neglect  or  refuse  to 
make  choice,  or  be  not  of  sufficient  age,  then  the  judge 
shall  appoint  such  person  to  be  guardian,  as  may  think 


Title  47.     Guardians.  217 

proper  :  and  where,  in  such  case,  any  person  is  appoint- 

ed, other  than  the  father  or  master,  he  shall  have  the 

charge  and  management  of  the  estate  of  the  minor  and  Savmg^thc 

no  control  over  his  person;  and  his  authority  shall  not  fe-thcr  or  mas. 

be  construed  to  effect  the  rights  of  the  father  or  master  ter. 

over  the  person  of  the  minor. 

SECT.  5.  The  judge  of  probate,  in  allowing  and  ap-  Bond  to 
pointing  a  guardian,  shall  take  sufficient  bond,  and,  if  the 
minor  have  any  estate,  with  surety,  of  all  such  guardians, 
for  a  faithful  discharge  of  their  trust,  according  to  law, 
and  oblige  them  to  render  their  accounts  to  the  court 
of  probate,  or  to  the  minor,  when  he  arrives  at  full  age., 
or  at  such  other  times  as  the  court,  upon  complaint,  shall 
see  cause  to  appoint. 

™      * 


SECT.  6.  The  courts  of  probate  shall  have  power  to 
remove  guardians,  for  good  and  sufficient  reasons  shewn 
and  to  appoint  others  in  their  place,  who  shall  give  bonds 
for  a  faithful  discharge  of  the  trust  as  aforesaid. 

SECT.  7.  The  courts  of  probate  shall  have  power,  in  ^aaycc°oant. 
their  respective  districts,  with,  or  without  a  previous  com- 
plaint, by  an  order  duly  made,  to  oblige  all  guardians  of 
minors,  from  time  to  time,  to  render  their  respective  ac- 
counts against  their  wards  for  adjustment,  before  such 
courts,  and  to  compel,  by  due  order,  all  guardians,  whose 
bonds  are,  or  shall  be  found  insufficient,  to  procure  other 
and  additional  bonds  ;  and  if  any  guardian  shall  refuse  to 
render  his  account,  or  to  procure  additional  bonds,  when 
required  as  aforesaid,  such  court  may  remove  him  from 
the  office,  and  appoint  some  proper  person  in  his  place, 
and  may  cause  his  bond  to  be  put  in  suit. 

SECT.  8.  When  minors  are  parceners,  joint-tenants,  or  Partition  ot 
tenants  in  common  of  lands  with  others,  their  guardians,  }^Jna™ong  c° 
with  the  assistance  of  such  persons  as  the  court  of  pro- 
bate for  that  purpose  shall  appoint,  shall  have  power  to 
make  partition  of  any  such  land  with   the  co-tenants, 
which  shall  be  binding,  and  conclusive  on  such  minors, 
their  heirs,  and  assigns;  and  the  several  courts  of  pro- 
bate are  hereby  directed,  on  the  application  of  such  ten- 
ant in  common,  or  of  the  guardian  of  any  minor,  to  ap- 
point some  meet  person  to  assist  in  such  partition  ;  and  all 
persons  having  right  in  any  such  land,  shall,  upon  such 
appointment,  forthwith  come  to  a  partition  of  the  same. 
And  the  guardian  of  any  minor,  who  is  the  mortgagee  of 
any  lands  or  tenements,  is  hereby  empowered,  on  receiv-  Guardian  of 
ing  the  mortgage  money,  to  release  to  the  mortgagor  the  minor  mortga 
legal  title  to  the  mortgaged  premises  ;  which  deed  of  f5e(0e™P' 
release  shall  be  binding  and  conclusive  upon  such  minor,  |atisfie^ 
his  heirs  and  assigns.  gage 


218  Title  47.     Guardians. 


SH^offi;  SE"\9'  The  several  courts  of  probate  shall  be,and  they 
sale  of  minor's  are  hereby  authorised,  for  just  and  reasonable  cause  to 
real  estate.  order  the  sale  of  real  estate  of  any  minor,  on  application 

of  the  parent  or  guardian  of  such  minor,  and  to  empower 
Parent,  &c.  to  him'  6r  SOI«e  other  meet  person,  to  sell  and  convey  the 
give  bond  to  same,  in  due  form  of  law  ;  such  parent,  guardian  or  other 
vest  the  avails,  person,  first  giving  bond,  with  surety,  to  the  judge  of  pro- 

bate, and  his  successors  in  office,  with  condition  to  vest 

<fi~          avai1?  of  th(;  estate  sold'  in  other  real  estate'  to  be 

conveyed  to  such  minor,  to  place  the  same  at  interest,  on 
good  security,  by  mortgage,  of  at  least  double  the  value 
To  render  ac-         the  estate  sold>  or  to  lay  out  the  same  in  the  nurture, 
count.  Education  or  advancement  in  marriage  of  such  minor,  as 

the  court  of  probate  shall  direct  or  approve,  and  to  ren- 
der his  account  to  such  court,  when  required,  or  to  the 
To  make  return  "I1™*'  when  arrived  at  full  age  ;  and  it  shall  be  the  duty 
of  proceedings.  °  the  person  making  a  sale  under  the  provisions  of  this 
Record  of  do-  *ct'  to  ™kG  return  of  hi»  proceedings,  as  soon  as  may 
ings  of  judge  of  be,  to  the  court  of  probate,  where  the  same  shall  be  re- 

fi?nKiDdisa-n  C0rded'  W1len  aJudSe  of  Probate  orders  the  sale  of  the 
trict.  real  estate  of  a  minor  in  an  adjoining  district,  he  shall 

cause  his  doings  to  be  recorded  in  the  probate  records  of 
the  district,  where  such  minor  lives  and  belongs  bv  the 
clerk  thereof. 
Further  securi-       SECT.  1Q.   ft  shalj  be  ^  duty  of  guch  ^^  of          ^ 

whenever  there  may  be  'occasion,  to  demand  of  the  obli- 
gor in  such  bond,  his  executors,  or  administrators,  further 
security,  and  on  neglect  or  refusal  to  give  the  same,  to 
put  such  bond  in  suit,  and  the  same  to  pursue  to  tinal 
judgment,  and  the  sum  recovered  to  place  at  interest,  on 
good  security  for  the  benefit  of  such'minor. 

jrfiSefS  fC7'  n'  Whenever  application  shall  be  made  for  an 
what  court  to  order  to  sel1  tne  real  estate  of  any  minor,  belonging  to 
be  made.  any  probate  district  of  this  state,  in  pursuance  of  this  act, 

such  application  shall  be  made  to  the  court  of  probate,  in 
that  district  to  which  such  minor  belongs  ;  but  if  the  mi- 
nor do  not  belong  to  any  probate  district  of  this  state, 
then  the  application  to  sell  such  minor's  real  estate  shall 
be  made  to  the  court  of  probate  in  that  district  in  which 
such  real   estate   is  situate  ;  and  whenever  application 
shall  be  made  for  an  order  to  sell  the  real  estate  of  any 
minor,  pursuant  to  this  act,  it  shall  be  the  duty  of  the 
court  of  probate  to  cause  notice  of  such  application  to  be 
Notice  of  appli-  Published  in   some  public  news-paper,  near  the  place 
cation,  bow  to  where  such  real  estate  lies,  three  weeks  successively,  at 
least  six  weexs  before  making  such  order,  and  also  such 
When  judge  in  further  notice  as  the  court  of  probate  may  deem  proper. 
the  proper  dis-       SECT.  12.  Whenever  a  minor  shall  be  so  nearly  relat- 
trict  is  disquali-  ed  to  the  judge  of  probate  in  the  district  where  such  minor 


Titled.     Habeas  Corpus.  219 

Jives  and  belongs,  that  such  judge  cannot  by  law  hear  and  fied,  application 
decide  on  an  application  for  the  sale  of  such  minor's  real  |?  be  "fadt  in 
estate,  the  parent  or  guardian  of  such  minor  may  make 
application  for  the  sale  of  such  real  estate  to  the  judge  of 
probate,  in  the  nearest  adjoining  district,  who  shall  have 
the  same  authority  with  respect  to  the  person  and  estate 
of  such  minor,  as  if  he  lived  within  his  district. 

TITLE  48.     Habeas  Corpus. 

An  Act  to  provide  for  issuing  the  writ  of  Habeas 
Corpus. 

.     "M  BE  it  enacted  by  the  Senate  and  House  ofRep' 
JL9  resentatives  in  General  Assembly  convened, 
That  any  judge  of  the  superior  court,  or  the  county  Who  may  is- 
court,  when  in  session,  or  the  chief  judge  thereof,  when  habeas  corous 
said  court  is  not  in  session,  shall  have  power  to  issue  the 
writ  of  habeas  corpus,  and  proceed  thereon  according  to 
law  :  and  when  any  trial  shall  be  before  a  single  judge, 
the  court  fee  shall  be  two  dollars,  and  when  before  a  court 
in  session,  no  fee  shall  be  paid. 

SECT.  2.  When  application  is  made  to  such  court  or  When  and  how 
judge,  for  a  writ  of  habeas  corpus,  and  the  facts  are  veri-  to  &«  "sued 
fied  by  the  affidavit  of  the  person  in  whose  favor  the  ap- 
plication is  made,  or  any  other  person,  in  which  he  or 
she  alleges,  that  he  or  she  verily  believes  the  person  on 
whose  account  such  writ  is  prayed  for,  is  illegally  confined, 
or  deprived  of  his  lawful  liberty,  it  shall  be  the  duty  of 
such  court  or  judge,' to  grant  a  writ  of  habeas  corpus,  di- 
rected to  some  proper  officer,  to  serve  and  return  :  who 
shall  receive  and  make  due  service  of  the  same,  by  put-  HOW  to  be 
ting  into  the  hands  of  the  person,  who  has  the  custody  of  served, 
the  body  of  him  or  her,  who  is  directed  to  be  brought  up 
on  said  writ,  a  true  and  attested  copy  of  the  same  ;  and 
shall  make  immediate  return  of  said  writ,  with  his  doings 
thereon,  on  pain  of  forfeiting  fifty  dollars,  to  the  use  of 
the  person  so  held  in  custody,  to  be  recovered  by  action 
on  the  case. 

SECT.  3.  If  any  person,  having  the  custody  of  the  body  Penalty  fordis- 
of  any  one  directed  to  be  brought  up,  on  a  Writ  of  habeas  obedience, 
corpus,  duly  served,  shall  fail  or  neglect  to  bring  up  the 
body,  according  to  the  command  in  the  writ ;  or  shall  re- 
fuse to  accept  the  copy  offered  in  service  of  the  same  ; 
or  shall,  in  any  way,  fraudulently  avoid  bringing  up  the 
body,  according  to  the  command  in  the  writ ;  or,  having 
brought  up  the  body,  shall  neglect,  or  refuse  to  make  re- 


220  Titled.     Highways  and  Bridges. 

turn  of  the  cause  of  detaining  such  person,  so  held  in 
custody  ;  he  shall  be  deemed  guilty  of  a  contempt  of 
court,  and  may  be  punished,  by  said  court  or  judge,  by 
commitment,  for  such  contempt,  and  shall  also  forfeit  and 
pay  to  the  person  so  held  in  custody,  two  hundred  dol- 
lars. 

Xriai.  SECT.  4.  When  any  facts  contained  in  such  return  shall 

be  contested,  by  the  applicant,  such  court  or  judge  may 
hear  testimony,  and  examine  and  decide  upon  the  truth, 
as  well  as  the  sufficiency  of  the  return,  and  render  sucL 
judgment  as  shall  to  law  and  justice  appertain. 


The  towns  to 
maintain 
highways, 
roads  and 
bridges. 

Exception. 


When  a  bridge 
to  be  main- 
tained by  two 
adjoining 
towns. 


When  a  life  is 
lost,  by  a  de- 
fective road  or 
bridge,  the 
town,&c.  to 
pay 


four  hundred 
dollars  dama- 
ges, to  chil- 
dren, &c. 


TITLE  49.     Highivays  and  Bridges. 
An  Act  relating  to  Highways  and  Bridges. 

T3  E  it  enacted  by  the  Senate  and  House  ofRep- 
J_J  rescntativcs, in  General  Assembly  convened, 
That  the  inhabitants  of  the  several  towns  in  this  state, 
shall  make,  build  and  keep  in  good  and  sufficient  repair, 
all  the  necessary  highways,  roads  and  bridges,  within  the 
limits  of  their  respective  towns,  unless  it  may  belong  to 
some  particular  person,  persons  or  corporation,  to  main- 
tain such  highway,  road  or  bridge,  in  any  particular  case. 

SECT.  2.  And  when  it  is  necessary  to  build  or  maintain 
any  bridge,  across  any  river,  or  stream  of  water,  which  is 
the  boundary  or  dividing  line,  between  any  towns,  it  shall 
be  the  duty  of  the  inhabitants  of  such  towns,  to  build  and 
keep  in  good  repair  every  such  bridge  ;  and  each  town 
shall  pay  an  equal  part  of  the  expense  of  building  and  re- 
pairing the  same,  unless  it  shall  be  otherwise  agreed  by 
said  towns. 

SECT.  3.  If  any  person,  at  any  time,  shall  lose  his  life, 
in  passing  over  any  public  road  or  bridge,  through  the 
defect  or  insufficiency  thereof,  after  due  warning  given  to 
any  of  the  select-men  of  the  town,  in  which  such  defective 
road  or  bridge  is,  or  to  the  person,  persons,  or  clerk,  or 
a  director  of  the  corporation,  who  ought  to  maintain  the 
same,  in  writing,  attested  by  two  witnesses,  or  after  an  in- 
formation made  to  the  county  court,  by  the  attorney  of 
the  state,  in  the  county  in  which  such  town  is,  of  such  de- 
fective road  or  bridge,  then  the  said  town,  person,  persons 
or  corporation,  which  ought  to  keep  such  road  or  bridge 
in  repair,  shall  pay  to  the  child  or  children  of  said  deceas- 
ed, or  if  he  or  she  have  no  child,  to  the  husband  or  wife 
of  said  deceased,  or  if  he  or  she  have  no  husband  or  wife, 
to  the  parent  or  parents  of  such  deceased,  four  hundred 
dollars. 


Title  49.     Highways  and  Bridges.  221 

SECT.  4.  If  any  person  shall  lose  a  limb,  break  abone,  Persons  injur- 
or  receive  any  bruise,  or  bodily  injury,  through,  or  by  ^brid^eo'i- 
means  of,  any  such  defective  bridge  or  road,  in  manner  road,  to  recov- 
aforesaid,  the  town,  person,  persons  or  corporation,  which  er  damages, 
ought  to  keep  in  repair  such  bridge  or  road,  shall  pay  to 
the  person  so  hurt  or  wounded,  just  damages. 

SECT.  5.  If  any  horse,  or  other  beast,  or  cart,  carriage,  Owner  of  pro- 
or  other  property,  shall  receive  any  injury  or  damage,  ^[^  recover' 
through,  or  by  means  of,  any  defective  road  or  bridge,  in  damages, 
manner  aforesaid,  the  town,  person,  persons  or  corpora- 
tion, which  ought  to  keep  such  road  or  bridge  in  repair, 
shall  pay  the  owner  of  such  beast  or  property,   just 
damages. 

SECT.  6.  The  town,  person,  persons  or  corporation,  Railings  to  be 
which  by  law  are  obliged  to  maintain  any  bridge,  road  or  erected  on 
highway,  shall  erect  and  maintain  a  good  and  sufficient  b^idgeiTby 
railing  or  fence  on  the  sides  of  such  bridge,  and  on  the  towns,  fcc. 
sides  of  such  parts  of  such  road,  as  are  so  made  or  raised 
above  the  adjoining  ground,  as  to  endanger  the  safety  of 
travellers  ;  and  if  any  person  shall  suffer  any  damage  in 
his  person  or  property,  by  reason  of  any  want  of,  or  de- 
fect in,  any  such  railing  or  fence,  such  town,  person,  per-  or  Pa7  dama" 
sous  or  corporation,  shall  pay  to  him,  who  shall  so  suffer,  ges' 
just  damages ;  all  which  forfeitures  and  damages  may  be 
recovered  by  any  proper  action. 

SECT.  7.  When  the  inhabitants  of  any  town,  shall  neg-  <5n  neslect  of 

-  1-11  •  i_   -j  •          town  to  keep  a 

iect  or  refuse  to  build  or  repair  any  bridge,  across  a  river  pr0per  bridge, 

in  a  public  highway,  within  the  bounds  of  such  town,  or  how  to  pro- 
when  any  town  shall  not  agree  to  build  or  repair  any 
bridge  across  a  river,  that  is  the  dividing  line  between 
such  towns,  whereby  the  public  travel  is  obstructed  or 
incommoded,  on  complaint  thereof  to  the  county  court, 
by  any  person  or  persons,  said  court  is  hereby  empower- 
ed and  directed,  (by  a  committee  or  otherwise,)  to  en- 
quire into  the  public  necessity  and  convenience  of  build- 
ing or  maintaining  such  bridge,  and  cause  due  notice  to 
be  given  to  one  or  more  of  the  select-men  of  such  town, 
or  towns,  to  shew  reason,  if  any  they  have,  why  they 
should  not  be  compelled  to  make  or  repair  such  bridge  ; 
and  if  no  sufficient  reason  be  shown  to  the  contrary,  and 
such  town  or  towns  do  not  undertake  to  build  or  repair 
such  bridge,  within  such  time  as  the  court  shall  direct, 
said  court  may  appoint  some  suitable  person  or  persons 
to  build  or  repair  such  bridge  ;  which  being  done,  and 
the  expense  thereof  being  liquidated  and  allowed  by  said 
court,  the  same  shall  be  paid  by  the  inhabitants  of  the 
town  or  towns,  whose  duty  it  was  to  have  made  and  main- 
tained such  bridge,  and  execution  may  be  granted  againsf 
ttiem  therefor  accordingly. 

(j  »/ 

.10 


222 

Senate  to  ap- 
point commis- 
sioners of  toll 
•bridges. 


IS'o  person  to 
drive  faster 
than  a  walk  on 
a  toll-bridge. 


Proviso. 


Proviso. 


Draw  in  Hart- 
ford bridge, 
when  not  to  be 
opened. 


Select-men 
may  lay  out 
ways. 


Notice  to  own- 
ers of  land. 


Damages,  by 
whom  to  be 
paid. 


How  ascer- 
tained. 


Title  49.     Highways  and  Bridges. 

SECT.  3.  The  senate  is  hereby  authorized  and  directed, 
annually,  to  appoint  two  or  more  commissioners,  to  in- 
spect each  and  every  bridge  in  this  state,  at  which  toll 
is  by  law  receivable,  for  the  benefit  of  any  person,  persons 
or  corporation  ;  which  commissioners  shall  be  subject 
to  the  same  duties,  have  the  same  powers,  in  relation  to 
the  bridges  of  which  they  shall  be  respectively  commis- 
sioners, and  be  entitled  to  the  same  compensation,  as 
commissioners  on  turnpike  roads,  by  law,  have,  or  may 
have. 

SECT.  9.  No  person  shall  ride  or  drive,  any  horse, 
horses,  team  or  carriage  of  any  kind,  upon  any  bridge, 
for  the  passing  of  which  a  toll  is  by  law  receivable,  on  a 
faster  gait  than  a  walk,  on  penalty  of  forfeiting,  for  each 
offence,  one  dollar,  to  be  sued  for  and  recovered,  by  the 
person,  persons  or  corporation,  which  shall  be  entitled 
to  such  toll.  Provided  always,  that  such  person,  per- 
sons or  corporation,  receiving  such  toll,  constantly  keep 
at  each  end  of  such  bridge,  in  full  view  of  passengers,  a 
notification  in  the  form  following,  to  wit :  "  The  riding 
or  driving  any  horses,  team,  or  carriages,  on  this  bridge, 
in  a  faster  gait  than  a  walk,  is  by  law  prohibited."  Pro- 
vided also,  the  provision  in  this  section,  shall  not  extend 
to  the  bridges  and  causeway  in  the  meadow  in  East-Hart- 
ford. 

SECT.  10.  The  draw  in  the  bridge  across  Connecticut 
river,  in  the  city  of  Hartford,  for  the  passage  of  vessels 
up  and  down  said  river,  shall  not  be  raised  for  the  pas- 
sage of  vessels,  or  for  other  purposes,  between  the  hours 
of  five  and  eight  in  the  morning,  on  any  day. 

SECT.  1 1 .  Be  it  further  enacted,  That  the  select-men  of 
the  respective  towns,  or  the  major  part  of  them,  may  lay 
out  such  public  highways,  or  private  ways,  as  they  shall 
judge  needful,  within  their  respective  towns,  first  giving 
reasonable  notice  to  the  owners  of  the  land  through 
which  the  same  are  to  be  laid  out,  or  leaving  such  notice 
in  writing  at  their  place  of  abode,  if  within  this  state,  to 
be  present,  if  they  see  cause,  at  the  laying  out  of  such 
ways  ;  and  the  damage  done  to  such  person  or  persons, 
by  laying  out  the  same,  shall  be  paid  by  the  persons  ap- 
plying for  such  ways,  if  the  same  be  for  their  private  use 
only  ;  but  if  such  ways  be  for  the  common  use  of  the 
inhabitants,  or  of  the  public,  it  shall  be  paid  by  the  town; 
and  if  the  select-men  and  persons  interested,  cannot  agree 
as  to  the  damages  done  by  laying  out  such  way,  the  se- 
lect-men shall  apply  to  a  justice  of  the  peace,  who  shall 
appoint  three  judicious,  disinterested  freeholders,  who, 
being  sworn  for  that  purpose,  shall  estimate  and  assess  to 
each  person  injured,  the  damages  sustained  by  him,  in  lay- 


Title  49.    Highways  and  Bridges  223 

ing  out  said  way,  and  a  survey  in  writing,  under  the  hands  Survey. 
of  the  select-men,  containing  a  particular  description  of 
such  way.  being  made,  accepted  by  the  town,  and  record-  Record, 
ed  in  the  records  of  lands  in  such  town,  and  satisfaction 
being  made  to  the  persons  damnified,  or  the  money  de- 
posited in  the  town  treasury  for  their  use,  ready  to  be 
paid  to  them,  when  they  shall  apply  for  the  same,  accord- 
ing to  the  agreement,  or  estimate,  made  as  aforesaid,  such 
way  shall  be  and  remain  for  the  use  for  which  it  was  laid 
out.     But  no  highway,  or  private  way,  laid  out  by  the  se-  Time  of  open- 
lect-men,  in  manner  aforesaid,  through  any  person's  in-  jn-^^fys 
closure,  who  shall  declare  himself  aggrieved,  by  laying  a'ny  person's 
out  the  same,  shall  be  laid  open  or  occupied,  until  the  enclosure, 
expiration  of  twelve  months,  after  the  laying  out  of  such 
way,  that  such  person  may  have  opportunity  to  apply  for 
relief  as  is  hereinafter  provided,  and  also  have  time  to 
fence  and  secure  his  inclosure. 

SECT.  12.  When  any  new  highway,  or  common  road,  County  cmjl" 
~  J  ,  i  -.1  •  may  layout 

irom  town  to  town,  or  place  to  place,  within  the  same  highways, 

towns,  where  the  select-men  of  that  town  neglect  or  re-  "hen  and  how. 
fuse  to  lay  out  the  same,  shall  be  wanting,  or  where  old 
highways  or  public  roads,  may  with  more  convenience  be 
turned  or  altered,  any  person  or  persons  may  make  ap- 
plication to  the  county  court  within  the  county  where  the 
highway  or  alteration  is  proposed  to  be  made,  for  that 
purpose ;  which  persons,  so  applying,  shall,  at  least  twelve 
days  before  the  sitting  of  the  court  to  which  they  shall 
make  application,  cause  a  citation  to  be  served  on  one  Citation. 
or  more  of  the  select-men  of  the  town,  within  which 
the  highway  is  moved  to  be  laid  out  or  altered,  to  ap- 
pear, if  they  see  cause,  at  said  court,  and  make  theii  ob- 
jections, if  any  they  have,  against  such  highway's  being 
laid  out  or  altered  ;  and  thereupon,  if  no  objections  are 
offered  against  said  application,  or  if  the  objections  offer- 
ed are  adjudged  insufficient,  the  court  before  whom  such 
application  shall  be  pending,  shall  appoint  a  committee  Appointment 
of  three  disinterested  freeholders,  to  enquire  into  the 
convenience  and  necessity  of  the  highway  or  road,   thus 
prayed  to  be  laid  out  or  altered  ;  which  committee,  be-  Committee  to 
fore  they  enter  on  the  duties  of  their  appointment,  shall 
take  the  following  oath,  to  wit :    "  You  swear  that  you  Form  of  oathi 
will  truly  and  faithfully,  and  according  to  your  best  skill 
and  judgment,  perform  the  duties  and  services  assigned 
you  in  your  commission  :  So  kelp  you  Gorf." — And  shall 
give  twelve  days'  notice,  to  a  majority  of  the  select-men  Notice, 
of  the  town  or  towns,  in  which  such  highway  or  road  is 
proposed  to  be  laid  out  or  altered,  of  the  time  and  place 
at  which  they  will  meet,  for  the  purpose  of  entering  on 
said  service;  and  shall  also  cause  a  notification  in  writing. 


Survey  and 
laying-out  of 
highway. 

Report. 


Persons  inter- 
ested may  re- 
monstrate. 


Reassessment 
of  damages. 


Jury. 


By  whom  sum- 
moned. 

Their  powers. 


Power  of  the 
court  to  set 
aside  reassess- 
ment. 


Power  of  the 
sheriff  to  re- 
lease disquali- 
fied jurors,  and 

summon  oth- 
ers, 


Title  49.     Highways  and  Bridges. 

of  the  time  and  place  of  such  meeting,  to  be  set  upon  a 
sign-post  in  such  town  or  towns,  at  least  twenty  days  be- 
fore the  time  of  such  meeting;  and  if  such  committee 
shall  be  of  opinion,  that  such  highway  or  road,  or  altera- 
tion therein,  will  be  of  common  convenience  and  neces- 
sity, they  shall  proceed  to  survey  and  lay  out  the  same, 
and  assess  the  damages  which  will  thereby  accrue  to  in- 
dividuals ;  and  shall,  thereupon,  make  their  report  in 
writing,  of  their  doings,  and  return  the  same  to  such 
court.  And  all  persons  interested  or  atlected,  by  the 
laying  out  or  altering  of  such  road  or  highway,  shall  have 
liberty  to  appear  before  said  court,  and  remonstrate  or 
object  against  the  acceptance  of  said  report,  and  on  the 
hearing  thereof,  shall  be  at  liberty  to  shew,  that  the  lay- 
ing out  or  altering  such  road,  is  not  of  common  conven- 
ience or  necessity,  as  well  as  that  it  will  be  injurious  to 
individuals,  and  ought  not  to  be  accepted  in  other  re- 
spects ;  or,  if  any  person  shall  complain  of  the  assessment 
of  damages,  he  may  move  for  a  jury  to  reassess  the  same ; 
and  if,  upon  a  hearing  of  the  objections  to  the  report  of 
the  committee,  the  court  shall  be  of  opinion,  that  it  ought 
not  to  be  accepted,  they  may  reject  the  same  ;  but  if  the 
court  shall  be  of  opinion,  that  such  report  ought  to  be 
accepted,  then,  before  the  acceptance  thereof,  if  a  jury 
be  moved  for  to  reassess  the  damages,  they  shall  order 
such  jury  to  consist  of  six  disinterested  freeholders,  to 
be  drawn  from  the  boxes  of  such  towns  in  the  county 
where  the  application  is  made,  as  the  court  shall  direct ; 
and  said  jury  shall  be  summoned  and  attended,  by  the 
sheriff  of  said  county,  personally,  or  in  case  of  his  being 
interested,  or  otherwise  incapacitated,  by  such  deputy- 
sheriff  in  the  county,  as  the  court  shall  direct ;  and  shall 
be  legally  sworn,  a  certificate  of  which  shall  be  annexed 
to  their  report.  And  the  powers  of  such  jury  shall  be 
confined  to  granting  relief  to  the  person  or  persons  mak- 
ing said  application,  by  the  reassessment  of  damages  only. 
And  the  court  to  which  the  doings  of  said  jury  are  re- 
turned, shall  have  power  to  set  the  same  aside,  if,  upon 
exception  taken,  it  shall  appear  to  said  court,  that  said 
jury  have  been  improperly  summoned,  or  have  conduct- 
ed corruptly  ;  otherwise,  the  doings  of  said  ju>:y  shall  be 
conclusive  as  to  the  assessment  of  damages :  And  if  the 
court  shall  set  aside  the  report  of  the  jury,  they  shall  or- 
der another  jury  to  reassess  the  damages,  in  manner  afore- 
said. And  if  it  shall  appear  to  the  sheriff,  or  such  depu- 
ty, as  aforesaid,  after  he  has  drawn  said  jurors  from  the 
boxes  as  aforesaid,  that  any  of  them  are  taxed  in  the  town 
or  towns  where  said  road  lies,  or  own  real  estate  therein, 
or  are  connected  with  any  of  the  applicants  for  said  jury, 


Title  49.     Highways  and  Bridges.  22# 

by  blood  or  marriage,  in  such  manner  as  would,  by  law, 
prevent  a  judge  from  acting  or  giving  sentence  between 
party  and  party,  the  sheriff,  or  such  deputy,  as  aforesaid, 
shall  release  said  persons,  and  return  their  names  into  the 
box  whence  drawn,  and  summon  others  to  supply  their 
places,  who  are  not  interested  or  connected  as  aforesaid. 
If,  on  the  return  of  the'report  of  said  jury,  accepted  by  the 
court,it  shall  appear,  that  there  was  no  cause  ofcomplaint, 
and  such  jury  shall  not  increase  the  damages  allowed  by 
the  committee  to  the  applicants,  then  the  court  shall  ac- 
cept the  report  of  the  committee,  and  shall  order  the  ap-  Costs  of  appli- 

ulicants  for  the  jury,  to  pay  the  costs  of  the  application;  cation,  by 

•c        i    •  •     iu  f  j  i     11  •        whom  to  be 

but  it  such  jury,  in  the  reassessment  01  damages,  shall  in-  pai(j 

crease  the  damages  to   the  applicants,  the  report  of  the 
committee  shall  be  accepted,  and  the  damages  so  assessed  In  what  cases 
shall  be  allowed,  with  the  costs  of  application,  to  be  paid  report  to  be 
by  the  town  ;  or  if  no  objection  be  made  to  the  report  of  recorded*' 
the  committee,  it  shall  be  accepted  ;  and  when  so  accept- 
ed, in  either  of  the  cases  aforesaid,  and  approved  by  the 
court,  the   report  shall  be  recorded,  and  said  highway 
shall  be  and  remain  a  public  highway  ;  and  the  expense  Expense  and 
of  laying  out  the  same,  and   the   damages  sustained  by  damages,  by 
persons  thereby,  shall  be  paid  by  the  town  in  whose  lim-  ^a\&m 
its  it  shall  be  laid  out ;  and  said  court  shall  direct  when 
said  highway  shall  be  opened,  and  when  the  damages  as- 
sessed shall  be  paid  ;  and  upon  the  neglect  of  the  town  to 
,  make  payment  thereof,  to  the   persons   to  whom  the 
same,  or  any   part  thereof,  shall  be  ordered,  the   said 
court  shall  direct  a  scire-facias  against  the  select-men  of  Bemedy  by 
said  town,  to  shew  cause  why  execution  should  not  be  "'re-facias, 
awarded  against  them  ;  and  upon  their  neglect  to  show 
sufficient  cause,  shall  award  execution  against  them,  for 
the  charges  aforesaid,  with  additional  costs. 

SECT.  13.  If  any  person  shall  be  aggrieved  by  the  do-  Relief  for  per- 

ines  of  the  select-men  in  laying  out  a  public  or  private  *°°!  aggrieved 

c  i.     j  •        j  by  doings  of 

way,  or  by  the  estimate  01  the  damages,  such  aggrieved  se]ect-men. 

person  may,  within  eight  months  after  the  same  is  laid 
out,  apply  to  the  county  court  in  the  county  where- 
in such  way  is  laid  out,  for  relief,  causing  said  select- 
men to  be  duly  cited  to  shew  reason,  if  any  they  have, 
why  such  relief  should  not  be  granted  ;  which  court  may 
make  enquiry,  by  a  committee,  or  otherwise,  into  the 
convenience  and  necessity  of  such  way ;  and  if  they  shall 
find,  that  it  is  not  of  common  convenience  and  neces- 
sity, they  shall  set  aside  the  laying  out  of  such  way,  by 
the  select-men  ;  but  if  they  shall  find,  that  such  way  is  of 
common  convenience  and  necessity,  then,  if  application 
be  made  for  a  jury  to  reassess  the  damages,  they  shall 
order  such  a  jury  to  proceed  in  the  same  manner,  as  in 


-226 


In  what  cases 
the  county 
court  may  lay 
oat  private 
way  a. 


Expense  and 
damages,  by 
who*  to  be 

paid. 


Gates  and 
bars  on  private 
way§. 


Provision  for 
making  and 
repairing  pri- 
vate ways. 


Highways  in 
cities  or  bor- 
ooghs,  bow  to 

4*laidMrt.    • 


Title  49.      Highuxtys  and  Bridges. 

case  of  highways  laid  out  by  a  committee:  and  if  the 
damages  allowed  to  the  applicants  shall  not  be  increased^ 
by  the  jury,  then  the  application  shall  be  dismissed,  with 

-.  but  if  such  damages  shall  be  increased,  by  the  ju- 
ry, then  the  court  shall  order  the  same  to  be  paid  to  the 
applicants,  with  the  costs  of  application. 

T.  14.  If  the  select-men  of  any  town,  upon  appli- 
cation to  them  made,  shall  refuse  or  neglect  to  lay  out 
such  private  ways,  as  may  be  necessary  for  any  inhabit- 
ants of  said  town,  the  county  court  is  hereby  empowered, 
upon  application,  to  cause  such  ways  to  be  laid  out,  as 
may  appear  necessary  in  the  same  manner,  as  public 
highways  are  by  this  act  directed  to  be  laid  out,  and  or- 
der the  expense  of  laying  out  the  same,  and  damage 
tained  by  any  person  thereby,  to  be  paid  by  the  p< 
applying  for  such  ways,  if  the  same  be  for  their  use  only ; 
but  if  for  the  common  use  of  the  inhabitants,  then  to  be 
paid  by  the  town.  Where  any  private  ways  have  been, 
or  shall  be,  laid  out  for  private,  and  not  for  common  use, 
the  county  courts  in  their  respective  counties,  in  < 
where  such  private  ways  have  been,  or  shall  be  laid  out 
by  them  and  the  select-men  of  any  town,  in  cases  where 
such  private  ways  have  been  laid  out  by  them,  shall  have 
power  to  authorize  gates  and  bars  to  be  erected,  and  kept 
up,  on  such  private  ways,  in  such  manner  as  they  may 
think  proper  to  direct.  And  the  «e\  eral  towns  in  this  state 
shall  have  power  to  order  such  part  of  the  money  rai-ed 
by  taxes,  for  making  and  repairing  public  highways  to  be- 
laid out  in  making  and  repairing  private  ways  established 
for  private  and  not  for  common  u-e,  as  they  shall  deem 
reasonable ;  and  in  such  manner,  as  is  provided  in  c.; 
public  highways. 

T.  15.  Whenever  any  new  highway,  or  common 
road  shall  be  wanted  within  the  limits  of  any  city,  or  bor- 
ough, for  the  special  convenience  of  said  city  or  borough. 
but  not  for  common  convenience  or  necessity,  any  per- 
son or  person'-,  being  an  inhabitant  or  inhabitants  of  said 
city  or  borough,  may  prefer  a  petition  therefor  to  the 
county  court  within  the  same  county,  which  pfr-on  or 
persons,  shall,  at  least  twelve  days  before  the  siuir.g  of 
the  court,  to  which  the  petition  shall  be  prefer  r< 
aforesai'l.  cau-c  a  citation  to  be  -erved  on  the  clerk  of  the 
city  or  borough.  a.~  f  he  rase  may  be.  within  who-e  bounds 
the  tame-  i-.  prayed  to  be  laid  out,  to  appear,  if  the 
cause,  and  object  to  the  laying  out  of  said  highway  ;  and 

-pon  said  court,  and  the  cornrnitt.ee.  (if  the  court 
shall  appoint  a  committee  to  enquire  into  the  convc-n- 

•j.nd  necc--ity  of  -uch  highwaj. .,  -hall  proceed  in 
the  game  manner,  as  i-  herein  before  provided,  in  regard 


Title  49.     Highways  and  Bridges.  22? 

to  highways  prayed  to  be  laid  out  at  the  expense  of  towns : 
said  committee  giving  the  same  notice,  to  the  clerk  of  the 
city  or  borough,  as  the  case  may  be,  of  the  time  and 
place  of  their  meeting,  as  in  the  latter  case  is  provided  to 
be  given  to  the  select-men.  And  if  the  court  shall  ap- 
prove  the  report  of  the  committee  laying  out  such  high- 
way, the  same  shall  remain  a  public  highway  ;  and  the 
expense  of  laying  out  the  same,  and  the  damages  sustain-  Exper.se  and 

ed  bv  any  person  or  persons  thereby,  shall  be  paid  by  the  da™ages>by 
•  A_          u  i          •  i  •  i          *    -i      i     •  i    i        i    •  i   whom  to  be 

city   or  borough,  within  whose  bounds  it  shall   be  laid  paid. 

out ;  and  upon  their  refusal  or  neglect  to  make  payment 
thereof,  to  such  person  or  persons,  the  said  court  shall  - 
issue  a  scire-facias  against  the  mayor  and  common  coun-  Remedy  by 
cil  of  said  city,  or  against  the  warden  and  burgesses  of  scire^aci»s- 
said  borough,  to  shew  cause,  why  execution  should  not 
be  awarded  against  them,  and  upon  their  neglect  to  show 
sufficient  cause,  shall  award  execution  for  such  expense 
fluid  damages,  with  additional  costs. 

SECT.  16.  The  select-men  of  any  town,  may,  with  the  Power  of  se- 

approbation  of  such  town,  discontinue  any  public  high-  lect-men  to 
i  •   i  ii-j  discontinue 

way.  or  private  way,  which  may  have  been  laid  out  by  certain  y«h. 

them,  or  their  predecessors  in  office  ;  and  if  any  person  ways, 
shall  be  aggrieved,  by  the  doings  of  the  select-men,  in  dis-  Pers°"s  ftg- 
continuing  a  highway,  an  appeal  shall  be  allowed  to  the  by^m 
county  court,  in  the  same  manner,  and  under  the  same  to  the  county 

regulations,  as  is  herein  provided,  for  persons  aggrieved  £°nrt. 

f  ,  Power  of  coun- 

by  the  doings  oi  select-men  in  laying  out  highways.    And  tj.  conrt  to 

the  several  county  courts  may  discontinue  any  highway,  discontinue 
which  may  have  been  laid  out  otherwise  than  by  the  se-  ""necessary 
lect-men,  as  aforesaid,  and  which  may  have  become  un- 
necessary for  public  use. 

SECT.  17.  It  shall  be  the  duty  of  the  several  towns  in  Duty  of  town? 

the  state,  at  their  annual  or  other  lawful  meeting,  to  lay  a  ?S  Ux  su(~ 

J.      ncicat  to  make 
tax  on  the  assessment  list,  made  and  perlected,  or  to  be  an<j  repair 

made  and  perfected,  on  the  polls  and  rateable  estate  lia-  highways 
ble  to  be  set  in  the  list  on  the  first  day  of  October,  in  the 
year  preceding  the  year  in  which  such  tax  is  to  be  collect- 
ed and  expended,  sufficient  to  make  and  keep  in  repair 
all  necessary  highways  therein.     And  they  shall  have  Powers  oi 

power  to  divide  the  towns  into  highway  districts  of  con-  *?wns  i*.l*1*r 

J   f  i  •  _v  j  tion  to  tueh- 

icnient  extent;  to  appoint  surveyors  ot  highways,  and  way$ 

collectors  of  taxes ;  to  layout  the  money,  and  repair  the 
highways,  in  such  manner  as  they  may  judge  proper  ;  to 
make  all  necessary  regulations  for  that  purpose  ;  to  in- 
flict fines,  not  exceeding  seven  dollars,  on  persons  ap- 
pointed to  be  surveyors  or  collectors,  who  shall  refuse  to 
serve,  or  having  accepted,  shall  neglect  to  perform  their 
duty  ;  to  prescribe  the  mode  of  recovering  such  fines ;  to 
direct  the  time  and  raauuer;  in  which  collectors  of  high- 


228  Title  50.     Idiots. 

\vny  taxes  shall  render  their  accounts,  and  to  proceed 
against  them  for  any  default,  as  in  the  €ase  of  negligent 
collectors  of  town  taxes :  Provided,  that  where  any  town 
has  heretofore  been  authorized,  by  special  act  of  the 
general  assembly,  to  repair  the  highways  in  such  town, 
in  a  manner  different  from  the  provisions  in  this  sec- 
tion, such  town  may  continue  to  make  and  repair  their 
highways  agreeably  to  such  special  act.(l) 

Surveyors,  fcc.      SECT.  18.  Whenever  there  may  be  occasion  to  clear 
may  open         any  water-course,  or  place  or  places,  where  the  water 
water-courses,  mav  (jrajn  off  from   any  road  or  highway,  the  surveyors 
of  highways,  or  other  persons  authorized  to  repair  such 
road  or  highway,  may  clear  such  water-courses  and  plac- 
es, where  water  may  drain  off  from  highways,  into  or 
through   any  person's  land,  so  far  as  may  be  necessary, 
sufficiently  to  drain  off  the  water  as  aforesaid. 

Towns,  how          SECT.  1 9.  When  any  town  shall  neglect  to  keep  in  good 
iiabie  for  roads  an(j  sufficient  repair,  any  public  road,  within  such  town, 
which  it  is  the  duty  of  such  town  to  maintain  and  repair, 
it  shall  be  the  duty  of  the  county  court,  upon  complaint 
made,  to  order  necessary  repairs,  and  grant  a  warrant 
against  the  select-men  of  such  town,  to  collect  the  sums 
State's  attor-     expended  in  such  repairs ;  and  it  shall  be  the  duty  of  the 
ney  and  sheriff  state's  attornies,  and  the  sheriffs  of  the  respective  coun- 
ties, to  make  complaint  of  any  neglect  as  aforesaid,  which 
may  come  to  their  knowledge. 

(1)  In  the  revision  of  1672,  the  mode  of  fications,  till  1795,  when  liberty  was  gran- 

'•epairing  highways  was  prescribed  to  be,  ted  to  each  town  to  lay  taxes  for  this  pur- 

t»y  directing  the  towns  to  appoint  survey-  pose.     The  mode  of  repairing  highways, 

ors,  who  were  empowered  to  call  out  men  by  taxation,  was  generally  adopted  ;  and 

and  teams,   two  days   at  least,    in  each  being  the  most  equitable,    it  is    now  es- 

year,  to   work   on   the   highways.    This  tablished  by  law. 
wiode  was  continued;  with  various  modi- 


TITLE  50.    Idiots. 

An  Act  providing  for  the  care  and  government 
of  Idiots,  Lunatics,  and  Spendthrifts. 

.      T3  E  it  enacted  by  the  Senate  and  House  ofRep- 

„  '    JJ   resentatives  in  General  Assembly convened, 

to  appoint*  con- That  whenever  any  idiot,  lunatic,  or  distracted  person, 

servator ;          or  any  person,  who  by  age,  sickness  or  otherwise,  has  or 

shall  become  incapable  of  managing  his  affairs,  has  any 

estate,  the    county   court,  in  the   county   where  such 

person  resides,  shall,  on  the  application  of  the  select-men, 

of  the   town  where  he  or  she  belongs,  or  any  relation, 

make  due  enquiry,  and  if  they  find  such  person  to  be  in- 


Title  50.     Idiots.  229 

capable  of  taking  care  of  him  or  her  self,  or  of  managing 

his  or  her  affairs,  they  shall  appoint  some  proper  person 

to  be  the  conservator  of  such  idiot,  lunatic,  distracted  or 

incapable  person,  who   shall  give  bond,  with  sufficient  who  shall  give 

surety,  to  the  treasurer  of  the  county,  for  a  faithful  dis-  bond- 

charge  of  his  trust,  and  shall  have  the  care  and  charge  of  His  power  and 

his  or  her  person,  and  of  his  or  her  estate,  both  real  and  dutj" 

personal  ;  and  such  conservator  shall,  forthwith,  make  a 

true  and  perfect  inventory  of  said  estate,  and  return  the 

same  into  the  office  of  the  clerk  of  such  county  court, 

where  it  shall  be  kept  on  file  ;  and  shall  render  his  ac- 

count to  said  court  of  the  management  of  such  trust, 

when  thereto  required,  and  shall  be  allowed  a  reasonable 

compensation  for  his  services.     And  said  court  shall  have 

power  to  remove  such  conservator,  for  neglect  of  duty 

and  mismanagement  in  such  trust,  and  to  appoint  anoth- 

er in  his  place. 

SECT.  2.  It  shall  be  the  duty  of  the  conservator  to  take 
care  of  and  manage  the  estate  of  such  idiot,  lunatic, 
distracted,  or  incapable  person,  in  a  husbandlike  manner, 
without  committing  waste,  and  to  apply  the  annual  in- 
come and  profits  thereof  to  support  him  or  her,  and  his 
or  her  family.  He  shall  have  power  to  collect  all  debts 
due  to  such  person,  and  to  institute  suits  for  that  purpose  ; 
and  to  adjust  and  settle  all  accounts  and  debts  due  from 
him  or  her.  He  may  sell  or  dispose  of  the  personal  es- 
tate of  such  person  to  pay  his  or  her  debts,  and  support 
him  or  her,  and  his  or  her  family  ;  and  in  case  the  annual 
income  of  his  or  her  estate  shall  be  insufficient  to  support 
him  or  her,  and  his  or  her  family,  and  to  pay  his  or  her 
debts,  then  on  application  of  the  conservator,  to  the  coun- 
ty court,  they  may  liquidate  the  debts  due  from  him  or 
her,  and  the  expenses  of  his  or  her  support  ;  and  if  they 
find  the  personal  estate  to  be  insufficient  to  discharge  the 
same,  or  if,  in  their  opinion,  it  will  be  for  the  interest  of 
such  person  that  part  of  such  personal  estate  should  be 
retained  for  his  or  her  use,  such  county  court  shall  have 
power  to  order  a  sale  of  so  much  of  the  real  estate  as  Sale  of  real  es- 
shall  be  necessary  to  pay  the  same,  with  incident  charg-  tate- 
es  of  sale;  and  if  such  person  should  be  restored  to  his 
or  her  reason,  then  what  remains  of  his  or  her  estate, 
shall  be  returned  to  him  or  her,  or  in  case  of  his  or  her 
death,  to  his  or  her  heirs,  executors,  or  administrators, 
after  a  reasonable  allowance  to  the  conservator  for  his 
services,  to  be  ascertained  by  such  county  court. 

SECT.  3,  If  any  lunatic  or  distracted  person  shall  go  at  Confinement  of 


large,  who  is  dangerous  and  unfit  to  be  without  restraint,  ^^  pjrson 
and  may  injure  others,  in  their  persons  or  estate,  it  .shall 
be  the  duty  otthe  civil  authority  and  select-men  of  the 

31 


230  Title  50.      Idiots. 

town  where  such  lunatic  or  distracted  person  belongs  or 
resides,  to  order  and  direct  that  he  be  confined  in  some 
suitable  place  ;  and  in  case  the  person  or  persons,  under 
whose  care  such  lunatic  or  distracted  person  shall  be,  or 
who  are  bound  to  provide  for,  and  support  him  or  her, 
shall  refuse  or  neglect  to  confine  him  or  her,  in  such 
place  and  manner  as  by  said  civil  authority  and  select- 
men shall  be  directed,  then  the  said  civil  authority  and 
select-men  shall  take  proper  and  effectual  means  to  pre- 
vent him  or  her  from  going  at  large,  and  for  his  or  her 
confinement  and  support  in  some  suitable  place. 

Confinement  of  SECT.  4.  Whenever  any  person,  tried  for  murderer 
persons  tried  nganslaughter,  shall  be  acquitted,  on  the  sole  ground  of  in- 
man^ainrhter,  sanity,  the  court,  before  whom  the  trial  is  had,  may,  if 
and  acquitted  they  deem  it  proper,  commit  such  person  to  the  gaol  in 

on  the  ground    ^e  county  where  such  trial  is  had,  there  to  be  closely 

of  insanity.  ,    . 

confined  during  such  insanity,  unless  some  person  or  per- 
sons shall  undertake  and  give  bond  to  the  treasury  of  the 
state,  before  such  court,  to  their  satisfaction,  to  confine 
such  insane  person,  in  such  manner  as  said  court  shall 
order  and  direct. 

Enlargement          SECT.  5.  And  any  person,  confined   as  aforesaid,  his 

and  disposal  of  or  her  relations,  shall  have  right  to  apply,  by  petition,  to 
such  persons.  ,  .  ,,  u  u 

the  county  court,  m  the  county  where  such  person  is 

confined,  for  his  or  her  enlargement  ;  which  petition 
shall  be  served  on  the  select-men  of  the  town  where 
such  person  belongs,  in  the  manner  prescribed  by  law  ; 
and  said  court  shall  order  and  decree  with  respect  to 
the  future  disposal  of  the  person  so  confined,  as  to  them 
•Expense  by  shall  appear  proper  and  reasonable.  And  all  expens- 
•Taid"1  l°  bC  es  mcurre^  under  the  three  preceding  sections,  shall 
be  paid  out  of  the  estate  of  such  lunatic  or  distracted 
person,  if  any  he  or  she  has  ;  if  not,  by  his  or  her  re- 
lations, if  he  or  she  has  any,  of  sufficient  ability,  liable, 
bylaw,  to  support  him  or  her  ;  if  none,  then  by  the  town 
to  which  he  or  she  belongs. 

'Proceedings  in       SECT.  6.  Whenever  any  lunatic  or  distracted  person 
relation  to  lu-  shall  go  at  large  in   any  town  in  this  state,  any  person 
tracted  °erson    ma^  ma^e  complaint  thereof  to  any  one  of  the  select- 
going  at  large,    men  or  civil   authority  of  said  town,  and  if  the  select- 
men and  civil  authority  of  such   town  shall  not,  within 
three  days  thereafter,  proceed  with  such  lunatic  or  dis- 
tracted  person,  agreeably  to  the  third  section  of  this 
act,    then    such    persons,  so  having  made   complaint, 
may    make    complaint    in    writing,     under    oath,    to 
any  justice    of   the    peace    in    such  town,   informing 
him   that  such  lunatic,  or  distracted  person  is  danger- 
ous, and  unfit  to  be  without  restraint ;  and  it  shall  there- 
upon  be  the    duty  of  said  justice  to  issue  his   war- 


Title  50.     Idiots.  231 

rant  to  any  constable  of  such  town,  commanding  him 
forthwith  to  bring  such  lunatic  or  distracted  person  be- 
fore him,  or  some  other  justice  residing  in  the  same 
town,  and  said  justice  shall  proceed  to  enquire  whether 
such  lunatic,  or  distracted  person  is  dangerous  and  un- 
fit to  be  without  restraint  ;  and  upon  ascertaining  that'to 
be  the  case,  may  order  him  or  her  to  be  confined  in 
some  suitable  place,  for  such  time  as  he,  the  said  jus- 
tice shall  deem  proper:  Provided,  That  said  justice  Proviso,  as  to 

may,  at  any  time  thereafter,   upon   being  satified   that  t3lsc'iar§e  fr°ra 

V  •*  ',,     J      .  ,    .  confinement. 

such  person  so  confined   as  aloresaid.  is  no  longer  dan- 

gerous and  unlit  to  be  without  restraint,   order  him  or 

her  to  be  discharged  from  confinement.     And  the  pro-  Application  of 

torf^ot  nsr    DTO* 

visions  of  the  fifth  section  of  this  act  shall  be  applicable  to  visions. 
all  cases  of  confinement  under  this  section. 

SECT.  7.  The   select-men  shall  from  time   to   time,  Duty  of  select- 

carefully  inspect  the  management  and  conduct  of  all  per-  me"  to  insPett 

,-j.        •      ,1     •  ,    -c  ,\        £•    j  management, 

sons  residing  in  their  respective  towns  ;  and  it  they  find  &c.  of  their  in- 

any  person,  by  idleness,  gaming,  intemperance,  debauch-  habitants. 
ery,  mismanagement,  or  bad  husbandry,  likely  to  spend 
and  waste  his  or  her  estate,  to  be  reduced  to  want, 
and  to  become  chargeable  to  the  town,  they,  or  a  major- 
ity of  them,  shall  appoint  some  proper  person  to  be  his 
or  her  overseer  ;  to  advise,  direct  and  order  him  or  her, 
in  the  management  of  his  or  her  business  ;  which  ap- 
pointment shall  be  under  the  hands  of  the  select-men, 
specifying  the  cause,  and  the  time  for  which  the  appoint- 
ment is  made,  not  exceeding  three  years,  and  shall  be  set 
up  on  the  sign-post  in  said  town,  and  a  copy  thereof  shall 
be  lodged  with  the  town-clerk  of  the  town  ;  and  such  se- 
lect-men shall  have  power  to  remove  such  overseer,  for 
neglect  of  duty,  or  mismanagement  in  his  trust,  and  to  ap- 
point another  in  his  place  :  and  no  person,  under  the 
appointment  of  an  overseer,  shall  be  capable  of  making  a 
contract  without  his  consent. 


SECT.  8.  It  shall  be  the  duty  of  the  overseer  to  super-  Duty  of  over- 
intend  the  manaement  of  the  estate  and  concerns  of  "     In 


such   person,   and   to  restrain  him  or  her  from  improvi- 

dent contracts,  and  from  wasting  his  or  her  estate,  and  to 

assent  to  all  contracts  and  dispositions  of  his  or  her  pro- 

perty, necessary  for  a  proper  management  of  his  or  her 

concerns,  and  the  support  of  such  person,  or  his  or  her 

family.     And  if  such  person  shall  reform,  the  select-men  Revocnlion  Of 

may  revoke  the  appointment  of  the  overseer;  but  if  such  appointment 

measures  do  not  produce  a  reformation,  and  he  or  she  re- 

fuses to  submit  to  the  authority  of  the  overseer,  then  the 

select-men  may  apply   to   two  or  more  justices  of  the  Proceedings 

peace  in  the  same  town,  who  may  issue  a  warrant,  and 

cause  such  person  to  be  brought  before  them,  or  may  no- 


232 


Title  50.      Idiofs. 


Duty  of  over- 
seer, in  second 
stage, 


Sale  of  real  es- 
tate. 


Removal  of 
overseer. 


Disability  to 
continue  nine 
days  after  va- 
cancy. 

Proceedings  to 
be  stopped,  in 
case  of  refor- 
mation. 


tify  him  or  her  to  appear  at  some  proper  time  and  place, 
or  if  he  or  she  absconds,  a  notice  left  at  his  or  her  usual 
place  of  abode  shall  be  sufficient:  And  such  justices  of 
the  peace  shall  make  due  enquiry,  and  if  they  find,  that 
such  person,  by  his  or  her  misconduct,  as  aforesaid,  is 
wasting  his  or  her  estate,  and  is  likely  to  be  reduced  to 
want,  and  that  he  or  she  refuses  to  submit  to  the  authori- 
ty of  his  or  her  overseer,  then  they  may  direct  and  au- 
thorize the  overseer,  or  any  other  person  they  may  think 
proper  to  appoint,  to  take  his  or  her  family  and  estate 
under  his  care. 

SECT.  9.  It  shall  be  the  duty  of  such  overseer  to  make 
out  a  true  and  perfect  inventory  of  all  the  estate  of  such 
person,  both  real  and  personal,  and  deposit  a  copy  there- 
of in  the  office  of  the  town-clerk.  And  such  overseer 
shall  have  power  to  use  and  manage  the  estate,  in  such 
manner  as  he  judges  will  be  for  the  best  interest  of  such 
person  ;  to  collect  and  pay  his  or  her  debts ;  and  to  insti- 
tute suits  for  that  purpose  ;  to  apply  the  income  and  a- 
vails  of  his  or  her  estate  to  support  him  or  her,  and  his 
or  her  family  ;  and  when  necessary,  to  sell  and  dispose 
of  his  or  her  personal  estate.  And  if  the  rents  and  a- 
vails  of  his  or  her  estate  shall  be  insufficient,  to  pay  his 
or  her  debts,  and  support  his  or  her  family,  then  the 
overseer  may  apply  to  the  county  court,  who,  in  such 
case,  may  order  a  sale  of  his  or  her  real  estate  for  that 
purpose.  And  all  overseers  appointed  by  two  justices  of 
the  peace,  shall  render  an  account,  annually,  to  the  select- 
men of  the  town,  and  oftener,  if  required,  of  the  manage- 
ment of  such  estate,  and  the  disposition  thereof ;  and  may 
be  removed  by  the  select-men,  with  the  advice  and  con- 
sent of  two  justices  of  the  peace  in  the  town,  for  miscon- 
duct in  their  office,  and  others  may,  in  like  manner,  be 
appointed  in  their  place  ;  and  in  case  of  the  death  or  re- 
signation of  an  overseer,  the  select-men,  with  the  advice 
and  consent  of  two  justices  of  the  peace  in  the  town, 
may  appoint  another  in  his  place.  And  whenever  a  va- 
cancy shall  occur  in  the  office  of  an  overseer,  by  death  or 
otherwise,  the  disability  of  the  person  over  whom  such 
overseer  may  have  been  appointed  to  convey  his  or  her 
estate,  or  to  make  contracts,  shall  continue  for  the  term 
of  nine  days  thereafter,  that  the  select-men  of  such  town 
may  have  an  opportunity  to  supply  such  vacancy,  by  an- 
other appointment. 

SECT.  10.  Whenever  such  person  shall  reform,  said 
justices  of  the  peace  shall  have  powerto  stop  all  proceed- 
ings against  him  or  her  ;  to  revoke  the  appointment  of 
the  overseer  ;  and  to  order  his  or  her  estate  to  be  re- 
turned to  him  or  her.  And  if  any  person  shall  be  ag- 


Title  51.     Indians.  233 

grieved,  he  or  she  may  appeal  from  the  doings  of  the  se-  Appeal, 
lect-men,  or  the  justices  of  the  peace,  to  the  county  court 
in  the  county  where  the  parties  live,  who  may  grant  the 
proper  relief. 

SECT.  11.  When  it  shall  so  happen,  that  any  man  shall  Husband's  es- 
die  without  issue,  leaving  a  widow,  and  estate  real  or  per-  s^L,,^  Of  \^ 
sonal  belonging  to  him,  such  estate  is  hereby  made  lia-  potent  wido\v 
ble  for  the  support  of  the  widow  of  such  deceased  hus- 
band, during  her  widowhood,  in  case  she  becoming  impo- 
tent, and  no  person  of  ability  be  liable  to  support  her. 
And  all  and  every  person  or  persons,  to  whom  such  estate, 
or  any  part  thereof,  is  given  or  descends,  respectively, 
shall,  so  far  as  the  estate  so  given  or  descended  extends, 
be  held  to  support  such  widow,  during  her  widowhood,  in 
proportion  to  the  value  of  the   estate  so  given  or  de- 
scended, to  him  or  them  as  aforesaid,  respectively  :  such  Such  support 
support  and  maintenance  to  be  recovered  of  such  heir  or  ™£^  of  heireoi 
legatee,  or  their  heirs,  in  the  same  way   and   manner  as  legatees. 
the  same  may  be  obtained  against  children  for  the  sup- 
port of  their  parents,  according  to  the  law  in  such  case 
made  and  provided. 


TITLE  51.     Indians. 

An  Act  for  the  protection  of  Indians,  and  the 
preservation  of  their  property. 

-      •  jQit  enacted  by  the  Senate  and  House  of  Rep- 
JL9  resentatives,  in  General  Assembly  convened, 
That  an  overseer  shall  be  appointed  to  each  tribe  of  In-  Overseer  of 
dians  living  within  the  limits  of  the  state,  by  the  county  appointed  by  C 
court,  in  the  county  in  which  such  tribe  resides,  who  shall  the  county 
have  the  care  and  management  of  their  lands,  and  shall  court- 
see  that  they  are  husbanded  for  the  best  interest  of  the 
Indians,   and  applied  to  their  use  and  benefit.     And  it 
shall  be  the  duty  of  the  overseer  of  each  tribe  of  Indians 
in  this  state  to  execute  a  bond,  with  one  or  more  sufficient  Overseers  of  In- 
sureties,  payable  to  the  state  treasurer,  in  a  suitable  sum,  ^'an*  to  Sive 
to  the  satisfaction  of  the  county  court  in  the  county  where 
he  resides,  conditioned  that  he  will  faithfully  account,  ac- 
cording to  law,  for  the  funds  which  are  or  may  be  hereaf- 
ter m  his  hands,  belonging  to  such  tribe. 

SECT.  2.  The  overseer  of  each  tribe  of  Indians  shall,  T°   scttle 
annually,  state  and  settle  his  account  of  the  concerns  of 
such  tribe,  with  the  county  court,   in  the  county  within 
which  such  tribe  resides  ;  and  on  failure  thereof,  or  for 
any  neglect  of  duty,  such  county  court  may  remeve  him 


234 


Title  52.      Inhabitants. 


Purchase  of 
land  from  In- 
dians prohibit- 
ed, and  the 
purchase  void. 

Penalty  for 
selling  spirit- 
ous  liquors  to 
Indians. 


Indians  not  Ha 
ble  on  con- 
tracts. 

Possession  of 
land  not  to 
make  a  title 
against  In- 
dians. 


from  office,  and  appoint  another  in  his  place  ;  and  saicf 
court  may,  at  any  time,  call  such  overseer  to  account. 

SECT.  3.  If  any  person  shall  purchase,  hire,  or  receive, 
hy  gift  or  mortgage,  any  land  from  any  indian  or  indians, 
he  shall  forfeit  treble  the  value  of  the  land  to  the  treasury 
of  the  state,  and  the  bargain  and  conveyance  shall  be 
absolutely  void. 

SECT.  4.  If  any  person  shall  sell  or  give  any  spiritou? 
liquor  to  any  Indian,  he  shall,  for  every  such  offence,  pay 
a  fine  of  two  dollars  to  the  use  of  the  town  where  the 
offence  is  committed,  for  every  pint,  and  in  the  same 
proportion  for  every  greater  or  less  quantity  :  Provided. 
that  this  shall  not  be  construed  to  prevent  or  restrain  any 
act  of  charity,  for  relieving  an  Indian,  in  case  of  sicknes?; 
or  necessity. 

SECT.  5.  No  judgment  shall  be  rendered  against  an 
Indian,  for  any  debt,  or  on  any  contract,  except  for  rent 
of  land,  hired  and  occupied  by  such  Indian. 

SECT.  6.  In  a  suit  brought  by  any  Indian  or  Indian?, 
for  the  recovery  of  land,  reserved  by  Indians  for  them- 
selves, or  sequestered  for  their  use,  by  the  general  assem- 
bly, or  by  any  town,  agreeably  to  law,  the  defendant  shall 
not  be  permitted  to  avail  himself  of  a  possession  for  fif- 
teen years  or  more,  to  make  out  a  title.  (1) 


(1)  When  our  ancestors  took  possession 
of  the  territory  nowcomposingtbisstate,it 
was  inhabited  by  a  great  number  of  tribes 
of  Indians  They  never  had  a  war  with 
any  tribe  but  the  Pequots,  within  the  state. 
At  a  very  early  period,  they  were  all  in 
some  degree  of  subjection  to  the  English  ; 
they  were  never  treated  as  a  conquered 
nation,  or  enslaved  ;  but  were  treated  as 
friends  and  allies,  and  were  considered  as 
a  free  people.  The  great  object  was,  to 
civilize  and  christianize  them  ;  and  the 
control  exercised  over  them  was  for  their 
protection  and  benefit.  In  the  revision  of 
1672,  regulations  are  found,  requiring  min- 
isters of  the  gospel  to  endeavor  to  convert 
the  neighboring  Indians  to  Christianity, 
prohibiting  powaws,  and  the  profanation 
of  the  sabbath,  and  punishing  murders. 
Precautions  were  taken  to  guard  against 
injuries  committed  by  the  Indians.  In  the 


revision  of  1702,  there  are  some  additional 
regulations  to  prevent  the  selling  of  strong 
drink  to  them  ;  to  punish  them  for  drunk- 
enness ;  to  protect  them  in  their  rights  of 
property  ;  and  to  prevent  any  private  per- 
son from  purchasing  their  lands.  Under 
this  mild  treatment,  without  war  or  pesti- 
lence, they  have  been  constantly  diminish- 
ing, and  are  now  reduced  to  a  very  small 
number,  and  will  probably,  in  a  short  time, 
wholly  disappear.  So  great  was  their  im- 
providence, that  the  government,  at  an 
early  period,  were  obliged  to  appoint  over- 
seers to  each  tribe,  which  practice  has 
been  continued  to  the  present  time  ;  and 
all  that  can  now  be  done  for  them,  is  to 
prevent  them  from  wasting  their  property, 
and  to  see  that  the  lands  which  have  been 
secured  to  them,  by  the  government,  for 
their  support,  are  properly  managed,  and 
the  avails  applied  to  their  benefit. 


TITLE  52.     Inhabitants.         .  jj 

An  Act  for  the  admission  and  settlement  of  In- 
habitants in  Towns. 


t 

' 


settlements. 


*'  ennctc(^  ty  the  senate,  and  House  of  Rep- 
resentatives  in  General  Assembly  convened, 
That  no  foreigner,  or  person  who  is  not  an  inhabitant  of 


Title  52.     Inhabitants.  235 

this  state,  or  any  of  the  United  States,  who  shall  come 
to  reside  in  any  town  in  the  state,  shall  gain  a  settlement 
in  such  town,  unless  admitted  by  the  vote  of  the  inhabit- 
ants of  such  town,  or  by  consent  of  the  civil  authority 
and  select-men  of  such  town,  or  unless  such  person  shall 
be  appointed  to  and  execute  some  public  office.  "*  • 

SECT.  2.  No  person,  who  is  an  inhabitant  of  any  of  How  inhabit* 
the  United  States,  (this  state  excepted)  who  may  come  JJt8es°[l|J1hler 
to  reside  in  any  town  in  the  state,  shall  gain  a  settlement  gain  settle- 
therein,  unless  he   shall  have  statedly  resided  in  such  ments. 
town  one  year,  next  preceding  the  time  he  claims  to  be 
admitted  an  inhabitant,  and  has  some  one  of  the  requisites 
enumerated  in  the  preceding  section  ;  or  unless  he  shall 
have  been  possessed,  in  his  own  right,   in   fee,  of  real 
estate,  situated  in  this  state,  of  the  value  of  three  hun- 
dred and  thirty-four  dollars,  free  from  any  incumbrance  : 
and  where  the  title  to  such  real  estate  shall  be  by  deed, 
such  deed  shall  have  been  recorded,  at  full  length,  in  the 
proper  office,  for  the  term  of  one  year  :  nor  shall  such 
person  gain  a  settlement,  unless  he  has  been  the  owner 
of  such  estate,  and  has  resided  in  such  town,  at  least  one 
year  next  preceding  the  time  he  claims  to  be  admitted  as 
an  inhabitant. 

SECT.  3.  No  inhabitant  of  any  town  in  this  state,  shall  ^^ofom!"*" 
gain  a  legal  settlement  in  any  other  town,  unless  he  have  town  shall  gain 
some  one  of  the  requisites  enumerated  in  the  first  sec-  settlements  in 
tion  in  this  act ;  or  unless  he  shall  have  been  possessed,  anotlier- 
in  his  own  right,  in  fee,  of  a  real  estate,  of  the  value  of 
one  hundred  dollars,  free  from  any- incumbrance,  for  the 
space  of  one  year,   in  the  town  to  which  he  may  have 
removed,  during  his  continuance  therein  ;    or  unless  he 
shall  have  supported  himself,  for  the  term  of  six  years, 
agreeably  to  the  provisions  in  the  next  following  section 
in  this  act. 

SECT.  4.  Any  inhabitant  of  any  town  in  the  state,  may 
remove,  with  his  or  her  family,  or,  if  such  person  have 
no  family,  may  remove  him  or  herself,  into  any  town, 
and  continue  there,  without  being  liable  to  be  warned  to 
depart,  or  to  be  removed  therefrom,  except  in  the  cases 
hereinafter  provided,  and  shall  gain  a  settlement  in  the 
town  to  which  he  or  she  may  have  so  removed,  in  case 
he  or  she  shall  reside  in  such  town  for  the  full  space  of  six 
years,  from  and  after  his  or  her  first  removal  into  such 
town,  and  shall,  during  the  whole  gf  said  time,  have  sup- 
ported him  or  herself,  and  his  or  her  family,  if  such  per- 
son have  a  family,  at  the  time  of  such  first  removal,  or 
at  anytime  during  said  term,  without  his,  her  or  their  be- 
coming chargeable  to  such  town,  or  to  the  town  that  may 
by  law  be  liable  to  charge  for  the  support  of  such  person 


236 


Title  52.     Inhabitants. 


When   paupers 
belonging  to 
one  town  be- 
come charge- 
able in  anoth- 
er, how  to  be 
removed. 


Inhabitants  of 
other  slates, 
how  to  be  re- 
moved. 


Expense,  how 
to  be  paid. 


Select-men 
may  warn  per 
sons  not  in- 
habitants of 


or  family  :  but  if  any  such  person,  at  any  time  before  the 
expiration  of  said  term  of  six  years,  become  unable  to 
support  him  or  herself,  and  family,  if  any  there  be,  and 
become  chargeable  to  the  town  that  may  be  liable,  for  his. 
her,  or  their  support ;  or,  if  such  person,  at  any  time 
before  the  expiration  of  said  term  of  six  years,  shall 
neglect  or  refuse  to  pay  any  taxes  within  the  time  pre- 
scribed by  law  for  payment,  demand  having  been  made 
by  the  collector  thereof;  then,  in  such  cases,  respective- 
ly, every  such  person,  with  his  or  her  family,  may  be  re- 
moved to  the  place  of  his  or  her  last  legal  settlement,  in 
the  same  manner  as  is  hereafter  provided  in  this  act  re- 
specting the  removal  of  inhabitants  to  other  states. 

SECT.  5.  When  any  inhabitant  of  any  town  shall  re- 
move into  another  town,  and  whilst  there,  he,  she,  or  any 
of  his  or  her  family,  if  any  there  be,  shall  become  charge- 
able to  the  town  from  which  he,  she  or  they,  respectively, 
removed,  and  to  which  they,  respectively,  belong ;  then, 
the  civil  authority,  or  any  two  of  them,  in  the  town  to 
which  such  pauper  or  paupers  belong,  shall  have  power, 
on  the  applicatioiuof  the  select-men  of  such  town,  if 
they  shall  judge  proper,  by  warrant,  under  their  hands, 
directed  to  either  of  the  constables  of  said  town,  to  or- 
der said  pauper  or  paupers  to  be  taken  and  transported 
from  the  town  where  they  reside  and  are  chargeable,  to 
the  town  to  which  he,  she,  or  they,  respectively,  belong  ; 
and  such  constable  shall  take  and  transport  him,  her,  or 
them,  according  to  the  directions  contained  in  sudh  war 
rant. 

SECT.  G.  When  any  inhabitant  of  any  of  the  United 
States,  (this  state  excepted,)  shall  come  to  reside  in  any 
town  in  this  state,  the  civil  authority,  or  the  major  part 
of  them,  in  such  town,  are  hereby  authorized,  upon  the 
application  of  the  select-men,  if  they  judge  proper,  by 
warrant,  under  their  hands,  directed  to  either  of  the  con- 
stables of  said  towp,  to  order  said  person  to  be  conveyed 
to  the  state,  from  whence  he  or  she  came  ;  and  such 
constable,  on  receiving  said  warrant,  is  hereby  authoriz- 
ed to  execute  the  same  ;  and  the  expense  thereof,  being 
liquidated  and  allowed,  by  the  select-men  of  the  town  to 
which  such  constable  belongs,  shall  be  paid  out  of  the 
treasury  of  such  town.  And  also  the  expense  of  con- 
veying an  inhabitant  of  this  state  as  aforesaid,  shall  be 
liquidated,  allowed  and  paid,  in  the  same  manner  ;  pro- 
vided such  person,  in  cither  case,  has  not  gained  a  legal 
settlement  as*  aforesaid. 

SECT.  7.  The  select-men  of  any  town  shall  be,  and 
they  are  hereby  authorized,  either  by  themselves,  or  by 
warrant  from  a  justice  of  the  peace,  in  such  town,  direct- 


Title  52,     Inhabitants.  237 

ed  to  cither  constable  of  such  town,  which  warrant  such  this  state  to 
justice  is  hereby  authorized  to  give,  to  warn  any  person    ePttrt- 
not  an  inhabitant  of  this  state,  to  depart  such  town  ;  and 
the  person  so  warned,  shall  forfeit  and  pay  to  the  treas- 
urer of  such  town,  one  dollar  and  sixty-seven  cents  per  Forfeiture,  foi 
week,  for  every  week  he  or  she  shall  continue  in  such  not  dePartin§- 
town,  after  warning  given  as  aforesaid ;    and  when  any 
such  person,  who  shall  be  convicted  of  the  breach  of  this 
act,  in  refusing  to  depart  on  warning  as  aforesaid,  hath  no 
estate  to  satisfy  the  tine,  such  person  shall  be  whipped  on 
the  naked  body,  not  exceeding  ten  stripes,  unless  he  or 
she  depart  the  town  within  ten  days  next  after  sentence 
given,  and  reside  no  more  therein,  without  leave  of  the 
select-men.     Provided  nevertheless,   that  nothing  con-  Proviso, 
tained  in  this  section,  or  the  section  next  preceding,  shall 
be  construed  to  affect  apprentices  under  age,  or  servants 
bought  for  time. 

SECT.  8.  If  any  person,  not  an  inhabitant  of  this  state,  Persons  sent 
shall  return,  after  such  sending  away  as  aforesaid,  and  \na\o  be 
abide  in  said  town  from  whence  sent,  after  warning  given  «  hipped, 
him  to  depart  as  aforesaid,  he  shall  be  whipped  on  the 
naked  body,  not  exceeding  ten  stripes,  and  may  again  be 
sent  away,  and  dealt  with  as  aforesaid,  as  often  as  there 
shall  be  occasion  ;  and  the  select-men  in  the  respective 
towns  are  hereby  empowered  and  directed  to  prosecute 
all  breaches  of  this  act. 

SECT.  9.  If  any  inhabitant  in  any  town,  shall,  contrary  Inhabitants  ot 
to  the  intent  of  this  act,  entertain  or  hire  any  such  person  ^entertain' 
not  an  inhabitant  of  this  state,  who  shall  come  to  reside  persons  not  iu 
in  such 'town,  or  let  any  house  or  land  to  such  person,  un-  habitants  of 
less  such  inhabitant  shall  first  give  security  to  the  accep- 
tance of  the  authority  and  select-men  of  such  town,  to 
save  said  tcwn  from  all  expense  that  might  be  occasioned 
thereby  ;   such  inhabitant  shall  forfeit  and  pay  to  the 
treasury  of  such  town  one  dollar  and  sixty-seven  cents  per 
week,  for  every  week  lie  or  she  shall  harbor,  entertain, 
hire,  or  let  estate  as  aforesaid. 

SECT.  10.  Any  person,  who  shall  bring  into  this  state  The  bringing 
,  .     ?.  r  ,        .  of  paupers  m- 

any  poor  and  indigent  person,  and  leave  him  or  her  in  any  to  (his  state, 

town  within  the  same,  of  which  town  he  or  she  is  not  an  prohibited 
inhabitant,  such  person  so  bringing  in  and  leaving  such  -       /  f.  \~. 
poor  and  indigent  person,  shall  forfeit  and  pay,  for  every 
such  person  so  brought  in  and  left,  the  sum  of  sixty-seven 
dollars,  to  be  recovered  in  any  court  proper  to  try  the 
-ame.  to  and  for  the  use  of  such  town. 


238  Title  53.     Insolvency. 

TITLE  53.     Insolvency. 

An  Act  to  authorize  the  Superior  Court  to  grant 
relief  in  certain  cases  of  Insolvency. 

~1]|  E  it  enacted  by  the  Senate  and  House  of  Rep- 
JLB  resentatives  in  General  Assembly  convened, 

Tetiiion  for  re-  That  whenever  any  person,  who  is  an  inhabitant  of  this 

lief  against        state  shall,  according  to  the  accustomed  form  of  chancery 

process,  prefer  his  or  her  petition  against  his  or  her  credit 

ors,  to  the  superior  court,  held  in  the  county  whereof  he 

or  she  is  an  inhabitant,  representing  that  he  or  she  is 

Superior  court  insolvent,  and  praying  for  relief;  such  court  shall,  as  a 

to  have  cogm-  court  of  chancery,  have  cognizance  of  the  case,  and  if, 

upon  a  hearing  and  examination  had,  it  shall  appear  to 

the  court   that   the  petioner  has  a  fair  character  for 

probity  and  industry,  and  is  not  justly  chargeable  with 

idleness  or  mismanagement  in  his  or  her  affairs,  and  that 

he  or  she  has  become  insolvent,  and  has  not  conveyed 

any  of  his  or  her  estate  with  intent  to  defraud  his  or  her 

creditors,  he  or  she  shall  be  deemed  and  adjudged  to  be 

an  insolvent  debtor  within  the  true  intent  and  meaning 

of  this  act. 

Mode  of  notice      SECT.  2.  Whenever  any  debtor  shall  prefer  his  or  her 

to  creditors       petition  to  the  superior  court  for  the  benefit  of  this  act,  he 

out  of  the  ,  ,  r        .,,         c  ,,     .   j          -,, 

.state.  or  she  may  apply  to  either  ol  the  judges  01  the  superior 

court,  who  is  hereby  authorized  to  grant  an  order,  direct- 
ing the  notice  which  shall  be  given  on  such  petition,  to  the 
creditors  of  such  debtor,  living  without  this  state  ;  and  on 
proof  being  made  to  said  court  that  such  order  has  been 
.  complied  with,  the  court  may,  at  their  discretion,  pro- 
ceed to  hear  and  determine  such  petition,  at  the  term  to 
which  the  same  is  made  returnable. 

SECT.  3.  Whenever  any  person  is  adjudged  to  be  an 
insolvent  debtor,  in  manner  aforesaid,  such  court  shall 
have  power  to  appoint  two  or  tKree  judicious  and  disinter- 
ested persons  to  act  as  commissioners,  in  exercising  the 
Commission-     powers,  and  granting  the  relief  in  this  act  hereafter  spe- 
cified ;  and  such  commissioners,  before  they  shall  be  ca- 
pable of  acting,  shall,  respectively,  take  the  following 
Form  of  their    oath  ; — "  You  A.  B.  do  swear,  that  you  will  faithfully  and 
oatll>  impartially,  according  to  your  best  skill  and  knowledge, 

execute  the  several  powers  and  trusts  reposed  in  you, 

as  a  commissioner  on  the  estate  of :  So  help 

you  God."  And  the  commissioners  who  shall  be  sworn 
as  aforesaid,  shall  proceed,  as  soon  as  maybe,  to  execute 
their  powers.  And  in  order  that  the  relief  provided  in 
this  act  may  ensue  to  such  insolvent  debtor,  he  or  she 


Title  53.     Insolvency.  239 

shall,  within  thirty  days  from  the  rising  of  the  court 
aforesaid,  assign  upon  oath,  to  such  commissioners,  by  Assignment  ot" 
legal  and  proper  conveyances,  all  his  or  her  estate,  real  estete- 
or  personal,  in  possession,  remainder,  or  reversion,  ex- 
cepting only  such  estate,  as  is  not  by  law  liable  to  be  taken 
in  execution  ;  and  the  commissioners  shall  be  authorized  Commission- 
to  administer  such  oath  to  such  insolvent  debtor,  and  to  ?rs  ™ay, exara- 

me  insolvent 
propound  to  him  or  her  interrogatories  to  be  answered  up-  on  oath. 

on  oath,  touching  his  or  her  estate  ;  and  if,  in  the  opin- 
ion of  the  commissioners,  such  insolvent  shall  have  made 
a  full  and  fair  disclosure  and  assignment  of  his  or  her  es- 
tate, according  to  the  true  intent  of  this  act.  and  not  other- 
wise, the  commissioners  shall  deliver  to  such  insolvent  a 
certificate,  under  their  hands,  that  he  or  she  has  made  an 
assignment,  of  his  or  her  estate,  in  conformity  to  the  re- 
quirement of  this  act :  and  such  certificate  shall  be  evi-  Certificate 
deuce  of  his  or  her  conformity,  and  as  such  shall  operate  0°  conformity18 
to  protect  the  person  of  such  insolvent  debtor  from  ar-  and  shall  pro-' 

rest  or  imprisonment,  for,  or  on  account  of,  any  debt  or  t^.ct,tllf  person 
,  jj.  oftbemsolv- 

demand  due,  or  owing,  to  any  creditor  named  in  his  or  ent 

her  petition,  at  the  date  thereof,  or  1o  any  other  creditor, 
who  shall  claim  or  receive  any  share  or  dividend  from  his 
or  her  estate,  by  virtue  of  the  provisions  hereafter  con- 
tained in  this  act.    Provided  however,  that  if  any  creditor  Proviso,  that 
or  creditors,  the  recovery  of  whose  claim  or  claims  is  <«»  petition  of 
barred  in  manner  aforesaid,  shall  prefer  a  petition  against  proof  of  fraud, 
said  insolvent,  to  the  superior  court,  in  the  county  where-  the  superior 
in  such  insolvent  resides,  and  shall,  on  trial  thereof,  make  •£Jl^Blt2i*?' 
proof,  that  such  insolvent  hath  fraudulently  concealed,  or  cat;  (0  be  ot 
wilfully  neglected  to  assign  any  of  his  or  her  property,  in  no  avail, 
manner  aforesaid  ;  or  directly,  or  indirectly,  sold,  or 
otherwise  disposed  of,  any  part  thereof,  thereby  to  secure 
the  same,   to  receive  or  expect  any  profit  or  advantage 
thereof;  or  that  any  creditor,  or  pretended  creditor,  of 
such  insolvent,  has  exhibited  to  the  commissioners,  any 
fictitious  or  false  debt  or  demand,  with  intent  to  defraud 
the  real  creditors  of  such  insolvent,  and  that  he  or  she, 
knowing  thereof,  hath  neglected  to  make  discovery  there- 
of; such  proof  shall  be  evidence  that  such  insolvent  debt- 
or hath  deceived  and  defrauded  his  or  her  creditors ;  and 
it  shall  thereupon  be  the  duty  of  the  court  to  adjudge, 
that  hereafter  the  certificate  given  to  such  insolvent  debt- 
or, shall  be  of  no  avail  as  evidence  in  any  court  of  law  or 
chancery, 

SECT.  4.  The  commissioners  shall  hold  all  such  estate  J™^*"^ 
as  shall  be  assigned  to  them,  in  manner  aforesaid,  for  the  commissioners, 
benefit  of  all  the  creditors  of  such  insolvent  debtor  as 
shall  exhibit  and  prove  their  claims  ;  and  shall  have  full 
power,  in  their  own  names,  or  otherwise,  to  collect  all 


210 


ftfe'etings  of 
commission- 


Average. 


Powers  of  su- 
perior court 
•ver  commis- 
sioners. 


Doings  of  com- 
missioners to 
toe  lodged  on 
file  in  superior 
court. 


Title  53.     Insolvency. 

debts  due,  or  owing  to  such  insolvent,  and  to  pursue  any 
action  commenced  by  him  or  her,  and  to  institute,  and 
pursue  to  final  judgment,  any  suit  for  the  recovery  of  any 
estate  assigned  as  aforesaid  ;  and  it  shall  be  the  duty  of 
the  commissioners  to  dispose  of,  sell  and  convey,  as 
speedily  as  may  be,  all  the  effects  and  estate,  which  shall 
be  so  assigned  to  them,  and  the  same  to  convert  into  mo- 
ney, for  the  use  of  the  creditors  of  such  insolvent  debtor. 

SECT.  5.  The  commissioners  shall  also  receive,  adjust, 
and  ascertain  the  several  debts,  due  and  owing,  by  the  in- 
solvent debtor,  to  such  of  his  or  her  creditors,  as  shall 
seasonably  present  and  prove  the  same  ;  and  for  that 
purpose,  they  shall,  within  thirty  days  from  the  time  such 
assignment  is  made,  give  public  notice  of  the  times  and 
places  of  their  meetings,  in  such  newspaper  or  newspapers, 
as  the  superior  court  shall  direct ;  and  they  shall  meet  at 
least  three  different  times,  the  last  of  which  meetings  shall 
be  at  the  expiration  of  six  months  from  the  public  notice 
given  aforesaid,  unless  the  superior  court, holden  as  afore- 
said, shall,  for  cause  shewn,  adjudge  it  reasonable,  that  the 
time  of  the  last  meeting  be  further  extended  ;  in  which 
Case,  the  commissioners  shall  conform  to  the  direction  of 
such  court :  and  no  claim  shall  be  admitted  after  such  last 
meeting;  but  as  soon  as  may  be  thereafter,  the  commis- 
sioners shall  examine  and  decide  upon  all  claims,  which 
shall,  at  the  time  of  said  last  meeting,  remain  undecided. 
And  the  commissioners  shall  average  all  claims  allowed, 
upon  the  avails  of  the  estate  which  shall  come  to  their 
possession,  first  deducting  therefrom  all  claims  which 
may  be  allowed  in  favor  of  this  state,  and  a  reasonable  al- 
lowance for  their  services  and  expenses  ;  and  shall  pay 
over  to  each  creditor,  whose  debt  shall  have  been  proved 
and  allowed,  his  or  her  rateable  share  or  dividend. 

SECT.  6.  The  superior  court,  which  shall  have  appoint- 
ed, shall  have  power,  for  cause  shewn,  to  remove  any 
commissioner,  and  to  supply  any  vacancy,  which  shall 
happen  ;  and  may,  on  motion  of  one  fourth  of  the  credit- 
ors in  value,  and  reasonable  notice  given  to  the  com- 
missioners, hear,  and  decree  concerning  any  proceedings 
by  them  had,  or  any  neglect  charged  against  them,  after 
granting  the  certificate  aforesaid  ;  and  may,  by  any  pro- 
per process  in  chancery,  as  occasion  may  require,  compel 
the  commissioners  to  execute  their  trust,  in  such  man- 
ner as  the  court  shall  adjudge  that  the  provisions  of  this 
act  require.  And  as  soon  as  the  commissioners  on  any 
insolvent  debtor's  estate,  shall  have  completed  the  set- 
tlement thereof,  they  shall  return  to  the  court,  to  be  lodg- 
ed on  file,  a  true  and  complete  account  of  the  proceeds 
of  such  insolvent  debtor's  estate,  as  also  of  the  several 


Title  54.     Inspection  of  Provisions.  241 

debts  by  them  allowed,  and  of  their  charges  and  expen- 
ses as  commissioners  \  and  the  certificate  given  by  the  Certificate  to 
commissioners,  in  manner  aforesaid,  shall  be  recorded  in  berecorded 
the  records  of  the  court,  declaring  any  person  to  be  an 
insolvent ;  and  an  authenticated  copy  thereof  shall  be  ad- 
mitted in  evidence  in  all  courts  in  this  state. 

TITLE  54.     Inspection  of  Provisions. 

An  Act  to  regulate  the  Inspection  of  Provisions, 
and  other  articles  of  Commerce. 

.      ITJE  it  enacted  by  the  Senate  and  House  ofRep- 
mJ  resentatives  in  General  Assembly  convened, 
That  the  county  courts  in   the  several  counties  in  this  The  county 
state,  be  authorized  and  empowered  to  appoint  the  sev-  p^J3  inspect- 
oral inspectors,   packers,  and  surveyors,  necessary  and  ore,  packers, 
proper  to  carry  the  following  act  into  execution,  as  fol-  and  surveyors, 
lows,  to  wit  :  in  the  towns  of  New-Haven  ard  Hartford, 
one  or  more,  not  to  exceed  three,  and  in  all  other  towns  in 
this  state  not  to  exceed   two,  suitable  persons  to  be  in- 
spectors and  packers  of  beef,  pork,  butter  and  lard  ;  also, 
one  or  more,  not  to  exceed  eight  inspectors  and  packers 
offish  ;  also,  one  inspector  of  flo'ir  and  corn  meal ;  also, 
one  or  more,  but  not  to  exceed  three  in  any  town,  in- 
spectors, or  surveyors  of  lumber  and  onions;  also,  one 
inspector  of  hay  ;  also,  one  inspector  of  pot  and  pearl 
ashes  ;  and  in  all  cases   of  appointments  as  above,  the  Bonds  to  be  ta- 
county  court  shall  take  bonds  of  each  person  so  appointed,  ken- 
for  the  faithful  discharge  of  his  duty,  in  the  penal  sum  of 
one  hundred  dollars,  to  the  treasurer  of  said  county;  and 
a  certificate  from  the  clerk  of  said  court,  shall  be  given  to 
each  and  every  inspector  of  his  appointment ;  and  all  in- 
spectors, now  in  office,  shall  hold  and  exercise  their  offi- 
ces, until  the  first  session  of  the  county  court  in  the  coun- 
ty to  which  they  belong. 

SECT.  2.  All  beef  in  barrels  or  half  barrels,  intended  to  Beef, 
be  exported  to  any  market  out  of  this  state,  shall  be  of 
cattle  well  fatted,  of  not  less  than  two  years  old,  to  be  cut 
into  pieces  as  nearly  square  as  is  practicable,  each  piece 
to  weigh  not  more  than  eight  pounds,  nor  less  than  four 
pounds.     AH  such  beef  shall  be  sorted  into  five  denomi-  Denomina- 
nations,  to  wit ;  mess — prime,  No.  1, — prime,  No.  2, —  tions. 
cargo — and  hock.     Mess  beef  shall  be  the  best  pieces  of  Mess. 
oxen  or  steers,  of  not  less  than  three  years  old  each,  or 
a  steer  weighing  not  less  than  six  hundred  pounds.     Un- 
der this  denomination,  skin,   shoulder-clod,  and  neck, 
shall  be  taken  from  the  fore-quarters,  and  the  leg  and 


242 


Title  54.     Inspection  of  Provisions. 


Prime,  No.  2. 


Cargo. 


Hock. 


leg  rounds  from  the  hind  quarters ;  and  each  barrel  and 
half  barrel,  containing  beef  of  this  denomination,  shall  be 
branded,  on  one  of  the  heads,  with  the  words  "Mess 

Prime,  No.  1.  Bee/*."  Prime  beef,  No.  1.  shall  consist  of  the  best  pie- 
ces of  fatted  oxen,  cows,  steers,  or  heifers,  of  not  less 
than  three  years  old,  and  each  weighing  not  less  than 
four  hundred  pounds  weight,  and  to  average  five  hundred 
and  twenty  pounds  weight,  without  neck  or  shanks  ;  and 
on  one  head  of  each  barrel  and  half  barrel  of  beef  of  this 
denomination,  shall  be  branded  "  Prime  Beef,  jVb.  1." 
Prime  beef,  No.  2.  shall  be  of  fatted  cattle,  of  any  de- 
scription, of  not  less  than  three  years  old,  not  before 
mentioned,  (bulls  excepted,)  with  not  more  than  half  a 
neck  and  three  shanks,  and  without  hocks,  to  the  barrel, 
and  the  same  proportion  to  a  half  barrel  ;  and  each  bar- 
rel, and  half  barrel,  containing  half  of  this  denomination, 
shall  be  branded  on  one  head  "Prime  Beef, No.  2."  Car- 
go beef  shall  consist  of  fatted  cattle  of  any  description, 
two  years  old,  or  more,  each  barrel  of  which  may  have 
two  hocks,  and  one  half  neck,  and  no  more,  and  each 
half  barrel  of  which  may  have  one  hock  and  one  quarter 
neck;  and  one  head  of  eachshallbe branded  "Cargo  Beef." 
Hock  beef  may  consist  of  hocks  and  necks,  the  flesh  of  the 
cheek,  hearts  and  skirts  of  hearts  of  fatted  cattle,  of  all 
descriptions,  of  at  least  two  years  old,  each  barrel  and  half 
barrel  of  which  shall  be  branded  on  one  head,  '•'•Hock  Beef." 

Salt  and  pickle.  Every  barrel  of  beef  shall  be  salted  with  not  less  than 
seventy  pounds  of  clean  St.  Ubes,  Isle  of  May,  Lisbon,  or 
Turks-Island  salt,  or  not  less  than  eighty  pounds  of  coarse 
Liverpool  salt,  or  other  salt  of  equal  quality,  exclusive  of 
the  pickle  made  of  fresh  water  as  strong  as  salt  will  make 
it ;  and  to  each  barrel  of  beef  of  the  first  four  denomina- 
tions, shall  be  added  six  ounces  of  salt-petre,  and  each 
half  barrel  of  beef  shall  be  salted  with  one  half  the  quan- 
tity of  salt  before  mentioned,  and  three  ounces  of  salt- 
petre. 

SECT.  3.  All  pork  in  barrels  or  half  barrels,  intended  to 
be  exported  to  any  market  out  of  this  state,  shall  be  of 
swine  well  fatted,  and  shall  be  distinguished  by  the  names 
mess,  one  hog,  prime  and  cargo  pork.  Mess  pork  shall 
consist  of  rib  pieces  only  ;  one  hog  pork  shall  consist  of 
one  hog  only  to  the  barrel  •,  prime  pork  shall  consist  of 
three  shoulders  and  one  head  and  a  half,  the  head  not  to 
weigh  more  than  twenty-four  pounds  to  the  barrel ;  car- 
go pork  shall  consist  of  not  more  than  five  shoulders  and 
not  more  than  thirty  pounds  of  heads  to  each  barrel ;  and 
each  barrel  and  half  barrel  of  pork  shall  be  salted  and 
pickled  with  the  same  weight  of  salt,  and  the  same  kind 
of  pickle,  as  in  this  act  is  provided  for  beef;  and  each 


Salt-petre. 


Pork. 


Denomina- 
tions. 


How  salted, 


Title  54.      Inspection  of  Provisions.  213 

barrel  and  half  barrel  of  pork,  when  inspected  and  pack- 
ed or  re-packed,  shall  be  branded  in  the  same  manner  as  and  branded, 
in  this  act  is  provided  for  beef,  designating  the  different 
qualities  or  denominations  as  in  this  section  is  described. 

SECT.  4.  All  barrels  and  half  barrels  containing  beef  or  Barre's>  of 
pork,  put  up   in  the  manner  aforementioned  in  this  act,  ma£et0 
and  for  the  purposes  therein  mentioned,  shall  be  made  of 
good  seasoned  white  oak,  rock  oak  free  from  sap,  or  white 
ash  staves,  and  heading,  hooped  with  twelve  substantial 
hoops,  well  seasoned,  with  not  less  than  three  pins  in  each 
bilge.     Each  barrel  for  pork  shall  gauge  not  less  than  Gauge, 
twenty-nine  nor  more  than  thirty-one  gallons ;  and  each 
barrel  for  beef  shall  gauge  not  less  than  twenty-eight,  nor 
more  than  thirty  gallons,  and  contain  two-hundred  pounds 
weight  of  beef  or  pork  ;  and  each  half  barrel  shall  guage 
fifteen  gallons,  and  contain  not  less   than  one  hundred 
pounds  weight  of  beef  or  pork. 

SECT.  5.  On  one  head  of  every  barrel  and  half  barrel  Brand, 
in  which  beef  or  pork  is  packed  or  re-packed  for  expor- 
tation, shall  be  branded  the  weight  it  contains,  with  the 
first  letter  of  the  Christian  name, and  the  surname  at  length, 
of  the  inspector  who  shall  have  inspected  the  same,  with 
the  name  of  the  town  where  it  shall  have  been  inspected, 
in  legible  characters,  and  the  year  in  figures,  when  the 
same  shall  have  been  inspected  •,  also  the  addition  of  the 
word  Connecticut,  abbreviated. 

SECT.  6.  All  pickled  shad,  codfish  or  mackerel,  inten-  Fish- 
ded  for  market,  shall  be  split,  and  well  cleansed  and  pick- 
led in  strong  brine.     Shad  and  codfish  shall  be  in  such 
brine  at  least  fifteen  days,  and  mackerel  at  least  for  forty 
eight  hours,  before  they  are  put  up  for  market,  and  shall  f^  market  "P 
be  put  up  in  barrels  or  half  barrels,  the  barrels  to  contain 
two  hundred  weight  each,  and  the  half  barrels  one  hun- 
dred weight  each,  of  fish,  well  packed,  with  a  sufficient 
quantity  of  salt,  and  filled  with  strong  brine.     And  shad  Denomina- 
so  put  up  shall  be  of  three  denominations,  viz.  shad  No.  tlons- 

1,  to  consist  totally  of  shad  well  saved,  free  from  rust  or  No.  1. 
any  defect,  with  the  head  and  tail  cut  off,  and  backbone 
taken  out  v  each  barrel  shall  contain  not  more  than  sev- 
enty two  shad,  and  each  half  barrel  not  more  than  thirty- 
six  shad.     The  second  denomination  shall  be  shad  No. 

2,  to  consist  wholly  of  well  saved  shad,  trimmed,  pick-  No-  2- 
led  and  prepared  for  packing,  in  the  same  manner  as 
shad  No.  1.  and  there  shall  not  be  more  than  eighty-two 
shad  to  a  barrel,  and  not  more  than  forty-one  to  a  half 
barrel.     The  third  denomination  of  shad  shall  be  shad  No. 

3,  to  consist  of  shad  well  saved,  with  the  head  taken  ofF, 
that  will  not  answer  for  either  of  the  two  former  numbers; 
and  said  barrels  and  half  barrels  offish,  shall  be  inspect- 


244 

How  inspected 
and  branded. 


Barrels  for  fish, 
how  made. 


Capacity. 
Flour. 

Qualities. 
Barrels,  &c. 


Rye  flour. 


Brand. 


inspection  of 
flour  not  des- 
tined to  a  for- 
eign market. 


Title  54.     Inspection  of  Provisw, 

od  and  branded  in  the  same  manner  herein  before  provi- 
ded, for  inspecting  beef  and  pork  ;  and  the  inspector  who 
shall  inspect  and  brand  the  same,  shall  designate  by  each 
brand,  the  quality  and  weight,  and  kind  offish,  contained 
in  said  barrel  and  half  barrel  by  him  branded,  and  also  the 
name  of  said  inspector,  and  the  name  of  the  town  where 
said  fish  was  put  up. 

SECT.  7.  All  barrels  and  half  barrels  containing  fish  for 
market  or  exportation,  shall  be  well  made  of  good  season- 
ed red  oak,  white  oak  or  chesnut  timber  ;  and  each  tierce 
made  with  twelve  hoops  ;  and  each  barrel  shall  be  of  the 
capacity  of  twenty-eight  to  thirty  gallons,  and  each  half 
barrel  of  the  capacity  of  fifteen  gallons  and  a  half. 

SECT.  8.  All  Hour  of  wheat  or  rye  intended  for  foreign 
exportation  shall  be  of  two  qualities,  distinguished  by  the 
name  of  superfine  or  tine,  and  shall  be  put  into  barrels  or 
half  barrels;  each  barrel  shall  be  well  made,  and  trimmed 
with  at  least  ten  hoops,  and  contain  one  hundred  and, 
ninety-six  pounds,  and  each  half  barrel  shall  be  well  made, 
and  trimmed  with  at  least  eight  hoops,  and  contain  ninety- 
eight  pounds ;  all  which  shall  be  inspected  and  brand- 
ed by  an  inspector  of  corn-meal  and  flour,  before  it  may 
be  snipped  for,  or  exported  to,  a  foreign  market.  And  it 
shall  be  the  duty  of  the  owner,  miller  or  manufacturer 
of  flour  offered  to  be  inspected,  to  pack  the  same,  and  to 
cause  the  quality  superfine  or  fine,  and  in  case  of  rye 
flour,  the  words  "rye  flour"  in  addition  to  the  quality  su- 
perfine or  fine,  with  the  initial  letters  of  his  Christian  name, 
and  surname  at  length,  to  be  branded  on  one  head  of  ev- 
ery barrel  and  half  barrel,  in  legible  characters,  and  the 
quantity,  with  the  tare  thereof,  marked  in  figures  :  And  it 
shall  be  the  duty  of  the  inspector,  upon  application  to 
him  made,  to  examine  and  determine  the  quality  and 
quantity  of  such  flour,  and  upon  findir.g  such  brand  to  de- 
scribe truly  the  quantity  and  quality  thereof,  he  shall 
then,  and  not  otherwise,  brand  on  such  barrel  or  half  bar- 
rel, the  initial  letter  of  his  Christian  name,  and  surname  at 
length,  and  place  of  residence,  in  legible  characters ;  and 
if  such  inspector  shall  find  such  brand  of  the  owner,  mil- 
ler, or  manufacturer  not  to  describe  the  quality  or  quanti- 
ty truly,  he  shall  erase  the  same,  and  make  the  brand  ac- 
cording to  its  true  quality  and  quantity.  Also,  when  any 
owner,  miller  or  manufacturer,  of  flour,  put  up  in  barrels 
or  half  barrels,  which  is  not  destined  to  a  foreign  market, 
wishes  to  have  the  same  inspected,  the  same  may  be 
packed,  inspected  and  branded,  in  the  same  manner  as  is 
provided  for  flour  intended  for  foreign  exportation. 

SECT.  9.  All  corn-meal  intended  for  foreign  exporta- 
tion, shall  be-  put  up  in  hogsheads  or  barrels,  shall  be 


Title  54.     Inspection  of  Provisions.  245 

made  of  corn  kiln-dried,  and  properly  ground,  bolted  and 
cooled,  before  packed.  Each  hogshead  shall  gauge  at  Hogsheads 
Jeast  one  hundred  and  ten  gallons,  be  made  of  good  white 
oak  staves  and  heading  clear  of  sap,  well  seasoned,  suit- 
able for  holding  spirits,  and  hooped  with  at  least  sixteen 
hoops,  or  of  other  oak  timber,  well  seasoned,  with  pine 
heads  and  suitable  for  holding  molasses,  and  trimmed 
with  at  least  sixteen  hoops,  containing  at  least  eight  hun- 
dred pounds  ;  each  barrel  shall  be  substantially  trimmed,  Barrels, 
and  contain  one  hundred  and  ninety-six  pounds.  Corn- 
meal  may  consist  of  two  qualities,  to  be  denominated  No.  Qualities 
1  and  No.  2.  It  shall  be  the  duty  of  the  owner,  miller,  or 
manufacturer  of  corn-meal  offered  to  be  inspected,  to  pack 
the  same,  mark  the  tare  and  quantity  on  one  head  of  each 
•cask  in  figures,  and  brand  the  same  with  "  K«  D,  Corn-  Brand 
Meal  No,  1,"  for  the  firstq  uality,  and  "K.  D.  Corn- 
Meal  No.  2,"  for  the  second  quality.  And  it  shall  be 
the  duty  of  the  inspector,  upon  application  to  him  made, 
to  examine  the  quality  and  quantity  of  such  corn-meal, 
and  upon  finding  such  brand  to  describe  truly  the  quality 
and  quantity  thereof,  he  shall  then,  and  not  otherwise, 
brand  on  such  hogshead  or  barrel,  the  initial  letter  of  his 
Christian  name,  and  his  surname  at  length,  in  legible 
characters  ;  but  if  the  inspector  shall  find  such  brand  not 
to  describe  truly  the  quantity  and  quality  thereof,  he 
shall  alter  the  same,  and  make  it  according  to  its  true 
quality  and  quantity. 

SECT.  10.  All  cedar  and  pine  shingles  offered  for  sale  Shingles 
in  this  state,  shall  be  liable  to  be  inspected.     Each  bundle 
inspected  shall  be  branded  across  the  butt,  No.  1,  No.  2,  Qualities 
No.  3,  or  R.    No.  1 ,  shall  be  at  least  eighteen  inches  long,  No.  l. 
one  half  an  inch  thick  at  the  butt,  and  four  inches  wide, 
straight  rifted  and  breasted.     No.  2,  shall  be  at  Least  eigh-  No-  2' 
teen  inches  long,  seven  sixteenths  of  an  inch  in  thickness 
at  the  butt,  four  inches  wide,  straight  rifted  and  breasted. 
No.  3,  shall  be  at  least  seventeen  inches  long,  three  No- 3 
eighths  of  an  inch  in  thickness  at  the  butt,  four  inches 
wide  and  straight  rifted.     Refuse  shall  consist  of  all  such  Refu.8e 
shingles  as  will  not  pass  inspection  for  either  of  the  other 
classes,  and  unless  so  bad  as  not  to  be  half  the  worth  of 
No.  l,in  the  estimation  of  the  inspector,  in  which  case 
they  shall  be  branded  with  "  O."     It  shall  be  the  duty  of  "  O.'; 
the  owners  of  shingles  presented  for  inspection  to  place 
such  shingles  as  are  required  to  be  inspected,  in  such  a 
situation  as  that  the  bundles  may  be  conveniently  exam- 
ined by  the  inspector  of  lumber ;   and  no  shingles  of  any 
quality  shall  pass  inspection,  unless  so  packed  as  to  con- 
tain by  admeasurement  one  fourth  of  a  thousand  in  each  How  packed, 
round  bundle,  and  either  one  thousand,  one  half  a  thmi- 

33 


246 


How  forfeited, 


Staves  and 

iieading. 

Dimensions. 


Casks  for  but- 
ter or  lard. 


For  pot  and 
peari  ashes. 


Bunches  of 
onions. 


Title  54.     Inspection  of  Provisions. 

sand,  or  one  quarter  of  a  thousand  in  each  square  bundle. 
Any  person  who  shall  offer  for  sale  any  shingles  in  this 
state,  or  who  shall  export  any  shingles  from  this  state, 
which  are  branded  "  O,"  or  are  not  branded  at  all,  or 
branded  in  any  other  manner  not  prescribed  in  this  act, 
shall  forfeit  the  same,  or  the  value  thereof — one  half  to 
him  who  shall  sue  for  and  prosecute  to  effect,  and  the 
other  half  to  the  treasury  of  the  state  :  Provided  thai 
shingles  imported  from  the  state  of  New- York,  and  which 
have  been  inspected  and  branded  in  said  state  agreeably 
to  the  laws  of  said  state,  shall  not  be  subject  to  the  re- 
quirements of  this  act. 

SECT.  1 1.  Staves  and  heading  for  exportation  shall  be 
of  the  following  dimensions,  to  wit :  all  white  oak  pipe 
staves,  four  feet  eight  inches  long,  and  three  and  a  halt 
inches  in  width  ;  white  oak  hogshead  staves  three  and  a 
half  feet  long,  and  three  and  a  half  inches  in  width  ;  white 
oak  barrel  staves  two  feet  and  a  half  long,  and  three  and 
a  half  inches  wide  ;  white  oak  hogshead  heading  two  and 
an  half  feet  long,  and  at  least  five  inches  in  width,  and  all 
free  from  sap ;  all  black  or  red  oak  hogshead  staves, 
shall  be  three  and  a  half  feet  long,  and  three  .and  a  half 
inches  wide  ;  all  long  sugar  hogshead  staves,  shall  be  four 
feet  and  seven  inches  long,  and  three  and  a  half  inches 
wide  ;  and  all  staves  and  heading  shall  not  be  less  than 
five  eighths  of  an  inch  thick  at  the  thinnest  edge.  No 
pine  boards  shall  be  deemed  merchantable,  unless  the 
same  are  one  inch  thick,  and  square  edge. 

SECT.  12.  Every  inspector  of  pot  and  pearl  ashes,  and 
hay,  shall  brand  on  one  head  of  every  barrel,  cask  or 
keg  by  him  inspected,  the  initial  letter  of  his  Christian 
name,  and  his  surname  at  full  length,  and  the  name  of  the 
town  where  the  same  shall  he  inspected,  and  also  the 
kind,  quality  and  weight  of  all  pot  and  pearl  ashes,  and 
also  mark  the  tare  thereon.  And  all  casks  for  containing 
butter  or  lard  for  exportation,  shall  be  well  made  of  good 
white  oak  timber,  and  well  trimmed,  and  shall  not  con- 
tain more  than  forty-five  pounds.  All  casks  for  pot  and 
pearl  ashes,  shall  be  of  the  following  dimensions,  to  wit : 
twenty-nine  inches  in  length,  and  nineteen  inches  in  di- 
ameter, at  each  head,  to  be  made  of  white  oak  staves  and 
heading,  sound  and  tight,  and  trimmed  with  at  least 
eighteen  hoops  ;  and  the  tare  of  each  cask  shall  be  at 
least  fourteen  per  cent,  on  the  weight  of  such  cask  and 
the  contents  thereof. 

SECT.  13.  All  onions,  put  up  in  bunches,  shall  be  well 
dried,  and  every  bunch  shall  weigh  three  pounds  and  an 
half,  and  before  shipped  for  exportation  to  any  foreign 
port  or  market,  shall  be  inspected. 


*Ttlle  54.      Inspection  of  Provisions.  247 

SECT.  14.  All  butter  put  up  in  firkins  shall  be  inspect-  Inspection  of 
ed,  and  the  firkin  shall  be  branded  according  to  its  quali-  £"n"er  ln  fir' 
ty  before  the  same  shall  be  exported.     The  first  quality 
shall  be  branded  No.  1 .     The  second  quality,  No.  2,  and  Qualitie3' 
the  third  quality,  No.  3. 

SECT.  15.  All  lard  put  up  in  firkins,  before  the  same  is  Of  lard  in  fir- 
exported,  shall  be  inspected,  and  the  firkins  No.  1,  or        ' 
No.  2,  according  to  its  quality.     And  all  such  firkins  of 
butter  or  lard,  shall  have  the  tare  weight  marked  on  the 
head  thereof,  by  the  owners  of  the  same. 

SECT.  16.  All  hay  pressed,  and  put  up  in  bundles  for  of  pressed  hay, 
exportation,   or   transportation,  coastwise,     containing 
more  than  two  hundred  weight,  shall,  before  the  same  is 
shipped,  be  inspected,  and  the  quality  thereof  branded  on 
one  of  the  hoops.     The  first  quality.  No.  1.      Second  Q 
quality,  No.  2.     Third  quality,  No  3. 

SECT.  17.  It  shall  »ot  be  lawful  for  an  inspector  of  Imported  shad 
fish  to  inspect  or  brand  any  barrel,  cask,  or  other  vessel,  n°ltol>ebrand- 
containing  shad  imported  into  this  state,  from  any  other 
state  or  place.     And  each  inspector  offending  against  this 
section  shall  forfeit  to  the  treasury  of  this  state,  five  dol-  Penalty, 
lars,  for  each  barrel,  or  other  vessel  as  aforesaid,  by  him 
so  unlawfully  branded. 

SECT.  18.  If  any  inspector  or  packer  shall,  in  the  dis-  InsPectoror 
charge  of  the  duties  of  his  ofiice,  use  any  steel-yards  or  use  unsealed 
weights,  which  have  not  been  sealed  according  to  law,  he  steel-yards  or 
shall,  for  each  offence,  forfeit  and  pay  the  sum  of  ten  wclonts- 
dollars,  to  and  for  the  use  of  the  town  whereto  he  be- 
longs. 

SECT.  19.  No  inspector  or  packer  shall  be  empowered  Not  to  exer- 

to  exercise  the  duties  of  his  office  in  any  other  town,  eise  official  du- 
c         ,  .   ,    ,  .     J  '  ties  in  another 

than  the  one  tor  which  he  was  appointed,  under  the  pen-  town. 

alty  of  twenty-five  dollars.     And  if  any  person,   other 
than  a  lawful  inspector  or  packer.,  shall  stamp  or  brand  Unauthorized 
any  of  the  articles  required  by  this  act  to  be  branded  or  E^dn*r"  JLni 
stamped  by  an  inspector  or  packer,  in  the  manner  there- 
in described,  every  person,  so  offending,  shall  forfeit  and 
pay  the  sum  of  twenty  dollars  for  each  and  every  such 
offence.     Provided,  howeverr  if  any  inspector  or  packer,  Proviso,  as  to 
being  occasionally  called  into  any  other  town  where  no  ^rt&m  cases, 
inspector  is  appointed  or  resides,  or  where  such  inspect- 
or or  packer,  by  reason  of  sickness  or  lameness,  is  una- 
ble to  exercise  the  duties  of  his  office,  then  and  in  such 
case,  an  inspector  or  packer  of  the  next  adjoining  town, 
may  exercise  the  duties  of  his  office  in  such  town,  in  the 
same  manner  as  by  virtue  of  this  act  he  could  do  in  the 
town  for  which  he  was  appointed.  Inspector  or 

SECT.  20.  If  any  inspector  or  packer,  appointed  by  packer  subject- 
virtue  of  this  act,  shall  be  guilty  of  any  fraud  or  neglect,  * 


for  falsely 
marking  and 
branding ; 


(or  fraudulent- 
ly taking  out 
or  changing 
contents. 


Penalties  on 
exporters  and 
roasters  of  ves- 
sels for  export- 
ing articles  re- 
quired to  be  in- 


out  inspection. 


Proviso  as  to 
beef  and  pork 
inspected  in 
Massachusetts 


cles  inspected 
in  another 
state. 


Oath  of  inspec 
tor  or  packer. 


Title  54.      Inspection  of  Provisions. 

contrary  to  the  provisions  of  this  act,  and  not  otherwise 
specifically  provided  for  in  this  act,  he  shall  forfeit  and 
pay,  for  every  such  offence,  the  sum  of  six  dollars  ;  and 
if  any  inspector  or  packer  shall,  contrary  to  the  true  in- 
tent and  meaning  of  this  act,  mark  or  brand  any  cask 
containing  beef,  pork,  fish,  flour,  corn-meal,  or  pot  or 
pearl  ashes,  which  has  not  been  actually  inspected  by 
him,  or  shall  put  a  false  brand  upon  any  such  as  has  been 
inspected  by  him,  he  shall  forfeit  and  pay  ten  dollars  for 
each  and  every  cask  so  falsely  or  deceitfully  marked  or 
branded. 

SECT.  21 .  If  any  person  after  the  inspection  and  brand- 
ing of  any  cask  containing  any  of  the  articles  herein  be- 
fore required  to  be  inspected  and  branded,  shall  fraudu- 
lently take  out,  shift  or  change  any  part  of  the  contents 
thereof,  or  put  into  any  such  cask  any  of  said  articles  not 
inspected,  with  intent  to  evade  the  provisions  of  this  act, 
every  person,  so  offending,  shall  forfeit  and  pay  for  each 
and  every  such  offence,  the  sum  of  twenty  dollars. 

SECT.  22.  If  any  person  or  persons  export,  or  ship  for 
exportation,  to  any  foreign  port,  any  of  the  articles  afore- 
said, not  put  up  in  the  manner  aforesaid,  and  inspected 
and  branded  as  by  this  act  is  provided,  every  such  ex- 
porter or  shipper,  and  the  master  of  every  vessel  know- 
ingly having  on  board  his  vessel  any  such  articles  not  put 
up,  inspected  and  branded,  as  aforesaid,  shall,  on  convic- 
tion thereof,  respectively  forfeit  and  pay  the  sums  fol- 
lowing, to  wit :  the  owner,  exporter  or  shipper,  shall  for- 
feit and  pay  the  sum  of  six  dollars  ;  and  the  master  of 
any  vessel,  having  the  same  on  board,  as  aforesaid,  the 
sum  of  three  dollars,  for  every  cask  or  other  vessel  con- 
taining any  of  the  articles  aforesaid,  exported,  or  shipped 
for  exportation  so  as  aforesaid,  contrary  to  the  provisions 
of  this  act.  Provided  however,  that  any  beef  or  pork, 
brought  from  the  state  of  Massachusetts,  or  New-York, 
and  any  fish,  corn-meal,  or  flour,  brought  from  those,  or 
'  any  other  of  the  United  States,  that  shall  have  been  in- 
spected and  branded  in  the  state,  in  which  they  were 
manufactured,  or  put  up  for  market,  conformably  to  the 
laws  of  such  state,  and  accompanied  with  such  evidence 
thereof,  as  the  laws  of  those  states  respectively  require, 
may  be  exported  from  this  state,  without  any  re-inspec- 
tion. 

SECT.  23  Each  inspector  and  packer,  before  he  enters 
upon  the  duties  of  his  office,  shall  take  the  following 
oath  or  affirmation  before  some  justice  of  the  peace,  to 
wit :  "  You  swear  or  affirm,  (as  the  case  may  be,)  that 
you  will  faithfully  and  impartially  execute  the  duties  of 
the  office  of  Inspector,  whereto  you  are  appointed, 


Title  55.     Intemperance.  249 

agreeably  to  the  laws  of  this  state,  and  according  to  the 
best  of  your  abilities,  without  fear  or  favor  of  any  per- 
son :  So  help  you  God." 

SECT.  24.  All  penalties  and  forfeitures  arising  by  vir-  Disposition  of 
tue  of  this  act,  may  be  recovered  by  action  of  debt,  or  on  penalties, 
statute,  before  any  court  proper  to  try  the  same,  and 
where  not  herein  otherwise  appropriated,  one  half  thereof 
shall  accrue   to   the   informer,  who  shall  prosecute  the 
same  to  effect,  and  the  other  half  to  the  county  whereto 
the  offender  belongs  ;  and  it  shall  be  the  duty  of  all  in- 
forming officers  to  prosecute  all  breaches  of  this  act. 

SECT.  25.  Each  inspector  shall  be  entitled  to  receive  inspector^ 
irom  the  owner  of  the  articles  inspected,  for  his  services,  fees- 
the  following  fees,  and  no  more,  rzr.  for  cutting,  weigh- 
ing, packing,  salting,  pickling,  heading  and  branding  each 
barrel  of  beef  or  pork,  eighteen  cents,  and  for  each  half 
barrel,  eleven  cents  ;  and  for  performing  the  same,  ex- 
clusive of  cutting,  for  each  barrel,  eleven  cents,  and  for 
each  half  barrel,  six  cents  :  For  packing,  heading,  flag- 
ging, pickling  and  branding  each  barrel  of  fish,  twelve  and 
a  half  cents,  and  each  half  barrel,  nine  cents:  For  in- 
specting and  branding  each  barrel  of  flour  and  corn-meal, 
two  cents,  and  for  each  halt' barrel,  one  cent  and  a  half : 
And  for  inspecting  and  branding  each  hogshead  of  corn- 
meal,  four  cents  ;  and  for  inspecting  and  branding  every 
thousand  of  shingles,  fire  cents  ;  and  for  each  bundle  of 
hay  six  cents  ;  and  for  each  thousand  feet  of  lumber, 
twelve  and  a  half  cents,  and  for  inspecting  each  thousand 
bunches  of  onions,  twelve  and  a  half  cents. 

SECT.  26.  And  it  shall  be  the  duty  of  each  and  every  Return  of  arti 
inspector,  packer,  or  surveyor,  under  this  act,  to  make  cles  'DSPected 
return  of  each  and  every  article  by  him  inspected  or  sur- 
veyed, with  the  kind  and  quality  of  the  same,  between  the 
first  and  fifteenth  days  of  May,  in  each  year,  to  the  comp- 
troller of  public  accounts,  which  returns  shall  remain  in 
said  office  on  file,  subject  to  the  direction  of  the  legisla- 
ture. 


TITLE  55.     Intemperance. 

An  Act  to  prevent  Intemperance. 

.     T>  E  it  enacted  by  the  Senate  and  House  of  Rep* 
Mj  resentatives  in  General  Assembly  convened, 
That  whenever  two  or  more  of  the  civil  authority,  in  any  Admonition  to 
town,  shall  believe,  that  any  person  within  such  town,  by  refrain  from 
an  intemperate  use  of  spiritous  liquors,  is  in  danger  of  be- 
ing  reduced  to  want,  or  misspends  his  or  her  time,  or  does 


250 


Vesting  on  sign 
post. 


Forfeiture  for 
breach. 


Revocation  of 
license. 


Action  not 
maintainable 
for  liquor  sold 
to  posted  per- 
sons. 


Title  56.     Jurymen. 

not  provide  for  his  or  her  family,  it  shall  be  the  duty  of 
such  civil  authority  to  admonish  such  person  to  refrain 
therefrom,  and  to  forbid  all  taverners  and  retailers  in  such 
town  to  sell  or  deliver  to  such  person,  any  spiritous  li- 
quors, unless  thereto  permitted,  by  a  written  license, 
therein  specifying  the  quantity)  from  such  civil  authority. 

SECT.  2.  If  such  person  should  not  be  thereby  reformed, 
it  shall  be  the  duty  of  such  civil  authority  to  cause  the 
name  of  such  person  to  be  posted  on  the  several  sign- 
posts in  such  town,  by  a  certificate  under  their  hands,  for- 
bidding all  persons  to  sell  or  deliver  to  such  person,  any 
spiritous  liquors  ;  and  if,  after  such  notification,  any  per- 
son or  persons  in  such  town,  or  any  person  or  persons 
within  any  other  town  in  this  state,  who  shall  have  receiv- 
ed information  of  the  same,  shall  sell  or  deliver  to  the 
person  so  posted,  or  be  aiding  or  assisting  therein,  direct- 
ly or  indirectly,  shall  forfeit  to  the  treasurer  of  the  town 
where  such  posted  person  belongs,  seven  dollars  for  eve- 
ry such  offence  ;  and  if  such  person  so  selling,  delivering, 
or  aiding  or  assisting  therein,  should  be  a  licensed  retail- 
er, or  taverner,  his  or  her  license  shall  be  revoked  and 
annulled,  by  the  civil  authority  of  the  town  whereto  such 
retailer  or  taverner  belongs ;  and  any  justice  of  the  peace 
may  hear  and  determine  all  breaches  of  this  act ;  and  no 
appeal  shall  be  allowed  in  such  case. 

SECT.  3.  No  suit  shall  be  had  or  maintained  against 
any  person  posted  as  aforesaid,  for  any  spiritous  liquors, 
sold  contrary  to  this  act ;  and  all  contracts  and  securities 
therefor,  entered  into  by  such  posted  person,  with  any 
person  or  persons  within  this  state,  notified  as  aforesaid, 
shall  be  utterly  void. 


TITLE  56,     Jurymen. 

An  Act  prescribing  the  number  of  Jurymen  for 
each  town  in  this  State. 


SECT.    1. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
>  resentatives,  in  General  Assembly  convened, 
*•  That  the  several  towns  in  this  state,  shall  be  entitled  to 
n^TeTfor'e'ach   select,  in  the  manner  prescribed  in  the  "Act  for  the  regu- 
townjin          lation  of  civil  actions,"   and  for  the  purposes   therein 
mentioned,  the  number  of  jurymen  to   each  town  here 
Hartford  coun-  annexed,  to  wit :  Hartford,  fifteen  ;  Berlin,  twelve ;  Bris- 
tol, six  ;  Burlington,  six  ;  Canton,  six  ;  East-Hartford, 
ten  ;  East- Windsor,  fourteen ;  Enfield,  eleven ;  Farming- 
ton,  fourteen  ;  Glastenbury,  fourteen  ;  Granby,  twelve  : 


Title  56.     Jurymen,  251 

Hartland,  eight ;  Manchester,  eight ;  Maryborough,  five ; 
iSimsbury,  ten  ;  Southington,  ten ;  Suftield,  twelve ;  Weth- 
ersfield,  twenty  ;  Windsor,  fourteen. 

SECT.  2.  New-Haven,   twenty  ;    Branford,   twenty  ;  New-Haven 
Cheshire,  twenty  ;  Derby,  twelve  ;  East-Haven,  eight  ;  county- 
Guilford,  twenty ;  Hamden,  eight ;  Meriden,  eight ;  Mtd- 
dlebury,  eight  ;  Milford,   twenty  ;  North-Haven,  eight ; 
Orange,  six  ;  Oxford,  eight  ;  Southbury,  twelve  ;  Wai- 
lingford,  twenty  ;  Waterbury,   twelve ;  Wolcott,  eight  ; 
Woodbridge,  twelve. 

SECT.  3.  New-London,  fifteen;  Norwich,  fifteen ;  Boz-  New-London 
rah,  six  ;  Colchester,  fifteen ;  Franklin,  eight ;  Griswold,  county' 
eight ;  Groton,  sixteen  ;  Lisbon,  eight  ;  Lyme,  twenty ; 
Montville,  eight ;  North-Stonington,  ten  ;  Preston,  ten  ; 
Stonington,  twelve  ;  Salem,  five  ;  Waterford,  six. 

SECT.  4.  Fairfield, thirteen  ;  Danbury,  twelve;  Bridge-  F  airfield  coun 
port,  nine  ;  Brookfield,  six  ;  Darien,  five  ;  Greenwich,  ty' 
ten  ;  Huntington,  six  ;  Monroe,  six  ;  New-Canaan,  eight ; 
New-Fairfield,  eight;  Newtown,  twelve;  Norwalk,  twelve; 
Redding,  ten  ;  Ridgefield,  ten  ;  Sherman,  five  ;  Stamford, 
ten  ;  Stratford,  nine  ;  Trumbull,  five  ;  Weston,  eight  ; 
Wilton,  six. 

SECT.  5.  Brooklyn,  eight ;  Ashford,  twelve  ;  Canter-  Windham 
bury,  twelve  ;  Chaplin,  four  ;  Columbia,  five  ;  Hamp-  county- 
ton,  eight  ;  Killingly.  eight  ;  Lebanon,  twelve  ;  Mans- 
field, twelve  ;  Plainfield,   twelve  ;  Pomfret,  ten ;  Ster- 
ling, seven  ;    Thompson,   seven  ;    Voluntown,   seven ; 
Windham,  twelve  ;  Woodstock,  eight. 

SECT.  6.  Litchfield,  fourteen  ;  Barkhampsted,  seven  ;  Litchfield 
Bethlehem,   seven  ;  Canaan,  ten ;    Colebrook,   seven  ;  Count7- 
Cornwall,  ten  ;  Goshen,  ten ;   Harwinton,  eight ;  Kent, 
six;  New-Hartford, eight  ;  New-Milford,  twelve  ;  Nor- 
folk, eight  ;  Plymouth,  seven  ;  Roxbury,  seven  ;  Salis- 
bury, ten ;  Sharon,  ten ;  Torrington,   eight ;    Warren, 
seven  ;  Washington,   eight ;    Watertown,   seven  ;  Win- 
phester,  seven  ;  Woodbury,  ten. 

SECT.  7.  Middletown,  twenty-eight;  Haddam,   seven-  Middlesex 
teen  ;    Chatham,   seventeen  ;    Durham,  twelve  ;  East-  counti 
Haddam,  twenty  ;  Killingworth,  seventeen  ;  Saybrook, 
twenty. 

SECT.  8.  Tolland,  fourteen  ;  Bolton,  eight ;  Coventry,  Tolland  coun 
twelve  ;    Ellington,  ten  ;    Hebron,   twelve  ;    Somers,  ty' 
twelve;  Stafford,  twelve  ;  Union,  eight ;  Vernon,  eight; 
Willington,  twelve. 


Title  57.     Lands. 


TITLE  57.    Lands. 


CHAP.  I. 

An  Act  concerning  Lands. 

Whereas,  by  the  establishment  of  the  independence  of 
the  United  States,  the  citizens  of  this  state  became 
vested  with  an  allodial  title  to  their  lands  : 


SECT.  1. 


BE  it  therefore  declared,  by  the  Senate  and 
House  of  Representatives,  in  General  As' 
Allodial   prop-  sembly  convened,  That  every  proprietor,  in  fee-simple, 
erty  in  lands.     of  lands,  has  an  absolute  and  direct  dominion  and  pro- 
perty in  the  same.(l) 


(1)  On  the  discovery  of  America,  a  prin- 
ciple was  adopted  among  the  nations  of 
Europe,  that  the  territory  belonged  to  the 
sovereign  of  the  nation  to  whom  the  dis- 
coverer belonged.  As  North-America  was 
discovered  by  a  subject  of  the  king  of 
England,  that  crown  claimed  the  right  to 
the  country.  James  If.  made  a  grant  to 
the  Plymouth  Company,  of  that  part 
which  comprehended  New-England. — 
Connecticut  was  settled  under  a  right  de- 
rived from  that  Company,  and  the  title 
was  confirmed,  by  tbe  charter  of  Charles 
II.  in  1662.  The  government  made  grants 
to  towns,  and  individuals ;  and  charters 
were  given  to  the  respective  towns,  under 
which  the  lands  have  been  holden.  Our 
ancestors,  however,  sever  claimed  an  ab- 
solute right,  in  virtue  of  the  royal  grant, 
but  merely  a  right  of  pre-emption,  and 
never  considered  the  title  to  be  complete, 
till  they  had  acquired  the  native  right  of 
the  aborigines.  Ihis  they  effected  by 
purchase,  to  nearly  the  whole  of  Connecti- 
cut ;  and  they  never  claimed  a  right  by 
conquest,  except  to  a  small  portion  taken 
from  the  Pequot  nation.  The  tenure  by 
the  Charter,  was  declared  to  be  free  and 
common  socage  ;  and  the  only  condition 
was,  the  payment  of  one  fifth  part  of  the 
ore  of  gold  and  silver,  that  should  be  ob- 
tained. In  1672,  an  act  was  passed,  de- 
claring that  the  lands,  granted  by  the  gen- 
eral assembly,  to  towns  or  particular  peri 
sons,  should  be  holden  according  to  the 
most  free  tenure  of  East-Greenwich,  in 
the  county  of  Kent,  in  the  realm  of  Eng- 
land, according  to  the  Charter.  This  ten- 
ure continued  during  our  connexion  with 
the  British  empire  ;  but  on  our  becoming 
independent  of  that  government,  the  ten- 
ure ceased  to  be  feudal,  and  the  title  be* 


came  strictly  allodial,  as  it  in  effect  ever 
had  been  ;  and  it  was  accordingly  go  de- 
clared, by  statute,  in  1793. 

la  connexion  with  this  subject,  it  may 
be  proper  to  subjoin  the  following  re- 
marks, prepared  for  the  title  Estates,  and 
omitted  in  that  place«  by  accident. 

The  first  settlers  of  this  country  did  not 
adopt  the  rules  of  the  common  law,  with 
respect  to  the  descent  of  real  estate,  the 
most  distinguished  characteristic  of  which 
was  primogeniture.  In  the  revision  of 
1672,  there  is  a  statute,  ordering,  that 
where  any  person  dieth  intestate,  the  se- 
lect-men shall  cause  an  inventory  to  be 
taken,  and  exhibited  into  the  nest  county 
court  in  that  county  ;  which  court  shall 
grant  the  administration  of  the  goods  and 
chattels  to  the  next  of  kin,  jointly  or  sev- 
erally ;  and  divide  the  estate  to  the  wife, 
if  any  be,  and  children  or  kindred,  accord. 
ing  to  law  ;  and  for  want  of  law,  accord- 
ing to  the  rules  of  righteousness  and  equi- 
ty- 

In  the  revision  of  1702,  there  was  & 
statute,  which  enacted,  that  where  a  per- 
son died  intestate,  one  third  of  his  personal 
estate  should  go  to  his  wife  for  ever,  and 
one  third  of  his  lands  for  life  ;  and  the  res- 
idue be  divided  among  his  children,  and 
their  legal  representativesrin  equal  shares, 
excepting  that  the  eldest  son  should  be 
entitled  to  a  double  portion  ;  and  where 
there  were  no  children,  one  half  of  tl<e 
personal  estate  should  go  to  the  wife  /or 
ever,  and  one  third  of  the  lands  for  life  ; 
and  the  residue  to  be  equally  divided 
among  the  next  of  kin,  in  equal  degree, 
and  their  legal  representatives  ;  but  no 
representatives  to  be  admitted  among  col- 
laterals after  brothers'  and  sisters'  chil- 
dren. This  provision  was  copied  from 


Title  57.     Lands. 


SECT.  2.  Be  it  enacted,  That  the  patents  of  grants  of 
iand  to  the  several  towns,  and  to  individuals,  from  the 
general  assembly  of  the  colony  of  Connecticut,  pursuant 
to  the  charter  of  Charles  II.  shall  be  sufficient  evidence 
for  such  towns  and  individuals  to  hold  the  same,  to  them, 
their  heirs,  successors  and  assigns,  forever. 

SECT.  3.  All  lands,  tenements,  or  other  estates,  that 
have  been,  or  shall  be,  given  or  granted,  by  the  general 
assembly,  or  any  town,  or  particular  person,  for  the  main- 
tenance of  the  ministry  of  the  gospel,  or  schools  of  learn- 
ing, or  for  the  relief  of  the  poor,  or  for  any  other  public 
and  charitable  use,  shall  forever  remain  and  be  continu- 
ed to  the  uses  to  which  they  have  been  or  shall  be  given 
or  granted,  according  to  the  true  intent  and  meaning  of 
the  grantor,  and  to  no  other  use  whatever. 

SECT.  4.  No  estate  in  fee-simple,  fee-tail,  or  any  less 
estate,  shall  be  given,  by  deed  or  will,  to  any  person  or 
persons,  but  such  as  are  in  being,  or  to  the  immediate  is- 
sue or  descendants  of  such  as  are  in  being,  at  the  time  of 
making  such  deed  or  will ;  and  every  estate,  given  in  fee- 
tail,  shall  be  and  remain  an  absolute  estate,  in  fee-simple, 
to  the  issue  of  the  first  donee  in  tail. (2) 

SECT.  5.  And  all  grants  or  devises  of-an  estate  in  lands, 
to  any  person  for  life,  and  then  to  his  heirs,  shall  be  only 
an  estate  for  life  in  the  grantee  or  devisee. (3)  All  col- 


Patentsoflands 
from  general 
assembly  of  the 
colony  of  Con- 
necticut, valid-. 


Lands  given  for 
public  uses,  to 
remain  to  sued 


Limitation  of 
estates  to  pre- 
vent perpetui- 
ties. 


The    rule    in 
Shelley's  case, 
abrogated. 


Ihe  22  and  23  Charles  II.  called  the  statute 
of  distributions,  excepting  that  part  which 
gave  to  the  eldest  son  a  double  portion, 
which  was  copied  from  the  law  of  Moses. 
In  1727,  a  distinction  was  made  between 
ancestral  and  purchased  estate  ;  and  a 
provision  was  made,  tkat  the  whole  blood 
should  be  preferred  to  the  half  blood,  in 
equal  degree  ;  but  that  the  half  blood  in  a 
nearer  degree,  should  be  preferred.  This 
act  was  omitted  in  the  revision  of  1750, 
and  no  distinction  was  then  made  be- 
tween ancestral  and  purchased  estate, and 
nothing  was  said  respecting  whole  or  half 
blood.  But  in  'he  revision  of  1784,  a  dis- 
tinction is  made  between  estates  by  pur- 
chase, and  estates  derived  by  descent,  gift 
or  devise  from  some  kindred  ;  the  object 
cf  which  wns,  to  give  ancestral  estate  to 
the  next  of  kin,  of  the  blood  of  the  ances- 
tor from  whom  the  estate  came  ;  and  es- 
tates by  purchase,  were  to  go  to  the  next 
«f  kin  of  the  intestate,  preferring  halt" 
blood  to  relations  of  a  remoter  degree, 
and  parents,  on  failure  of  brothers  and 
sisters,  or  their  representatives,  of  the 
whole  blood,  to  remoter  relations.  In 
1792,  tbe  law  giving  the  eldest  son  a 
double  portion  was  repealed  ;  and  in  1806, 
an  act  was  passed,  directing  more  parti- 
cularly, and  in  a  manner  somewhat  differ- 

34 


ent,  the  mode  of  descent  of  ancestral  es- 
tate :  and  the  rules  of  descent  became  as 
thsy  now  are,  except  that  the  clause  de- 
claring there  should  be  no  representatives 
among  collaterals  after  brothers'  and  sis- 
ters' children,  is  changed  to  a  provision, 
that  there  shall  be  no  representatives  after 
the  representatives  of  brothers  and  sisters  ; 
by  which  the  grand-children  of  brothers 
and  sisters  are  placed  on  the  same  footing 
as  children,  and  will  inherit,  in  prefer-' 
ence  to  the  uncles  of  tbe  intestate.  Our 
law  has  made  three  material  alterations 
in  the  common  law  of  descent.  It  has 
abolished  the  right  of  primogeniture  ;  it 
permits  purchased  estates  to  ascend  to 
parents  ;  and  gives  to  the  half  blood  a 
preference  to  relations  in  a  remoter  de- 
gree. 

(2)  This  was  introduced  at  the  revision 
of  1784,  and  is  conformable  to  principles 
which  had  been  previously  established  by 
the  courts. 

(3)  By  the  celebrated  rule  in  Shelley's 
case,  a  grant  or  devise   of  lands  to  a  man 
(or  life,  and  then  to  his  heirs,  or  the  heirs 
of  his  body,  created  an  estate  in  fee-sim- 
ple, or  fee-tail.     As  this  rule,  in  almost 
every  instance,  defeats  the  intent  of  the 
grantor  or  devisor,  this  provision  has  been 
made  to  abrogate  if. 


254 


Title  57.     Lands, 


Collateral  war- 
ranties of  land, 
in  what  case 
void. 

Incapacitynf 
aliens  to  hold 
lands. 


Requisites  to 
validity  of  a 
deed. 


Deeds  to  be  ac- 
knowledged, 
before  whom. 


Acknowledg- 
ment of  deeds 
executed  by  at- 
torney. 

Caution,  when 
and  how  to  be 
entered. 


lateral  warranties  of  lands,  made  bj  any  ancestor, 
had  no  estate  or  inheritance  in  the  same,  at  the  time  of 
making  such  warranty,  shall  be  void,  as  against  Im 
heirs. (4)  No  alien,  or  person  who  is  not  a  citizen  or  in- 
habitant of  this,  or  any  of  the  United  States,  shall  be  ca- 
pable of  purchasing  or  holding  any  lands  within  the  state,, 
without  special  license  from  the  general  assembly. 

SECT.  G.  All  grants,  bargains,  and  mortgages  of  lands, 
shall  be  in  writing,  subscribed  by  the  grantor,  with  his 
own  hand  or  mark,  unto  which  mark  his  name  shall  be 
annexed,  and  also  attested  by  two  witnesses,  with  their 
own  hands  or  marks,  unto  which  marks  their  names  shall 
be  annexed  :  or  the  name  of  the  grantor  shall  be  subscri- 
bed to  such  grant,  by  his  lawful  attorney,  authorized  by 
a  written  power,  for  that  special  purpose,  duly  executed 
and  acknowledged,  in  such  manner  as  is  herein  prescrib- 
ed in  case  of  deeds  ;  and  such  subscribing  of  the  name  oi 
the  grantor,  shall  be  attested  by  two  witnesses. 

SECT.  7.  All  grants,  and  deeds  of  bargain  and  sale,  and 
mortgages,  of  houses  and  lands,  shall  be  acknowledged, 
by  the  grantor  or  grantors,  to  be  his  or  their  free  act  and 
deed,  before  a  justice  of  the  peace,  or  before  a  judge 
of  the  supreme  or  district  court  of  the  United  States,  or  of 
the  supreme  or  superior  court,  or  of  the  court  of  common 
pleas,  or  county  court,  of  any  individual  state  ;  or  before 
a  commissioner,  or  other  officer,  having  power  to  take 
acknowledgments  of  deeds  :  and  all  grants  or  deeds  of 
real  estate,  which  have  been,  or  shall  be,  acknowledged 
before  such  judges,  shall  be  good  and  valid  in  law  ;  and 
when  deeds  are  executed  by  an  attorney,  duly  authoriz- 
ed, hi*  acknowledgement  shall  be  suffipient. 

SECT.  8.  And  if  any  grantor,  being  required  by  the 
grantee,  his  heirs  or  assigns,  to  make  acknowledgement  oi 
any  grant,  or  deed  of  bargain  and  sale,  or  mortgage,  b} 
him  executed,  shall  refuse  to  acknowledge  the  same,  then 
such  grantee,  his  heirs  and  assigns,  may  enter  caution 
upon  such  houses  or  lands  as  are  to  him  granted,  sold, 
bargained  or  mortgaged,  with  the  town-clerk  or  register, 
where  such  houses  and  lands  are  situated,  by  leaving  with 
him  a  copy  of  the  deed  or  deeds  of  the  same,  with  a 
claim  of  title  in  virtue  thereof,  which  caution  shall  se- 
cure the  interest  of  the  grantee  till  a  legal  trial  has  been 
had  ;  and  the  judgment  of  the  court  being  delivered  to 
the  register,  under  the  hand  of  the  clerk  of  the  county, 


(4)  By  the  common  law,  a  collateral 
waranty  of  lands,  without  assets,  was 
binding  on  the  heir  :  as,  if  tenant  by  the 
courtesy  should  alien  tliejland,  with  war- 
ranty, and  die  leaving  no  estate,  the  chil- 


dren of  the  wife,  to  whom  the  land  be- 
longed, would  be  defeated  of  the  estate  of 
their  mother.  A  rule  so  unjust  has  been 
abrogated  by  statute,  in  England ;  and  i- 
now  abrogated,  in  this  state. 


Title  57.     Lands.  2oJ 

the  same  was  tried,  shall  be  his  warrant  to  record 
~-ucb  deed,  though  the  grantor  shall  refuse  to  acknowledge 
the  same,  and  such  deed  shall  have  the  same  effect  as  if 
acknowledged.  And  no  grant  or  deed  of  land  shall  be 
valid,  unless  written,  subscribed,  witnessed  and  acknowl- 
edged as  aforesaid. 

SECT.  9.  All  grants,  and   deeds  of  bargain  and  sale,  Deeds  to  be  re 
•:nd  mortgages,  of  houses  and  lau£s,  shall  be  recorded  at  corded, 
length,  by  the  register  or  town-clerk,  where  such  lands 
and  houses  lie  ;  and  no  deed  shall  be  accounted  good  and 
•'ffectual  to  hold  such  houses  aad  lands,  against  any  other 
person  or  persons  but  the  grantor  or  grantors,  and  their 
heirs,  only,  unless  recorded  as  aforesaid.     And  the  regis-  Noting  of  deed 
ter  or  town-clerk,  shall,  on  the  receipt  of  any  grant  or  f°r  record, 
deed  of  houses  and  lands,  brought  to  him  to  record,  note 
thereon  the  day,  month  and  year,  when  he  received  the 
:ime,  and  the  record  shall  bear  the  same  date.      And 
when  the  register  or  town-clerk  of  any  town,   shall  have 
received  a  grant  or  deed  of  lands  to  be  recorded,  he  shall 
not  deliver  up  the  same  to  the  parties,  or  either  of  them, 
"ill  it  has  been  recorded.     And  where  deeds  are  executed  Record  of  povr 
])y  a  power  of  attorney,  such  power  of  attorney  shall  be  erof  atlorney- 
recorded  with  the  deed. 

r.  10.  No  lease  of  any  houses  or  lands  for  life,  or  Leases  to  be  in 
inv  term  of  years,  exceeding  one  year,  shall  be  accounted  wntlll£  : 
good  and  effectual  in  law,  to  hold  such  houses  and  lands, 
against  any  other  person  or  persons  whatsoever,  but  the 
or  or  lessors,  and  their  heirs  only,  unless  such  lease 
be  in  writing,  and  subscribed  by  the  lessor,  and  attested  subscribed  ; 
J>y  two  subscribing  witnesses,  and  acknowledged  before  ^'kn^wled'   rf- 
a  justice  01  the  peace,  and  recorded  at  length  in  the  re-  and  recorded, 
cords  of  the  town  where  such  estate  lies. 

SECT.  11.  All  grants,  deeds  or  conveyances  of  lands  Deeds  of  land 
from  Indians,  without  the  consent  and  approbation  of  the 
general  assembly,  shall  be  utterly  void ;  and  if  any  person 
shall  purchase  lands  of  the  Indians,  without  licence  from  Purchasi.-ig  o*. 
the   general  assembly,  or  having  so  purchased,   shall,  lands <rf Indians 
without  their  contirmation,  make  any  sale  or  settlement  ''' 
on  the  same,  he  shall  incur  a  penalty  of  one  hundred  and 
-ixly-seveH  dollars  to  the  treasurer  of  the  state. 

SECT.  12.  All  deeds  of  bargain  and  sale,  leases  or  Deeds  of  land 
^>ther  alienations,  in  fee.  for  life,  or  years,  or  any  term  (^"^posies- 
whatever,  of  lands  or  tenements,  of  which  the  grantor,  sion,  void, 
-lessor,  vendor,  or  person  executing  such  instrument,  is 
ousted  by  the  entry  and  possession  of  some  other  person, 
unless  made  to  the  person  in  actual  possession,  shall  be  Penalty  for  at- 
void  :  and  every  person,  who  shall  attempt,  by  an  instru-  tempting  to 

•j-  i         i  •     i         i    A        r  i       j        „  make,  or  rr- 

ment  in  writing,   under  his  hand,  to  alien  any  lands  or  ce-,vjnV  S0c]. 
tenements,  of  which  he  is  ousted,  and  every  person  who  conveyance 


•256  Title  57.     Lands: 

shall  receive  such  conveyance,  not  being  in  the  actual 
possession  of  the  lands  or  tenements  attempted  to  he 
conveyed,  shall  forfeit  one  half  of  the  value  thereof;  one 

4"^  t>-  half  of  which  forfeiture  shall  be  to  the  informer,  who- 

shall  sue  for  and  prosecute  the  same  to  effect,  and  the 
other  half  to  the  treasurer  of  the  state. 

Partition  of  SECT.  13.  All  persons  who  hold  any  lands  or   tone- 

lands,  rnents,  as  joint  tenants,  tenants  in  common,  or  coparcen- 

ers, may  be  compelled,  by  writ  of  partition,  to  divide  the 
same,  when  they  cannot  agree  to  make  partition  among 
themselves-:  provided,  that  when  the  judgment  shall  be 
that  the  defendant  or  defendants  apart,  it  shall  be  in  the 
power  of  the  court  to  give  or  refuse  costs  to  the  plaintiff 
or  plaintiffs,  and  to  give  costs  to  the  defendant  or  defend- 
ants, as  shall  appear  to  be  just  and  reasonable.      And 
Committee  to   when  there  is  a  judgment  that  the  defendant  or  defend- 
wake  partition.  Pnta  do  apart,   the  court  shall  have  power  to  appoint  a 

committee  to  make  partition. 

Deeds  of  mar-      SECT.  14.  All  deeds  or  other  conveyances,  of  the  real 
ried  women,     estate  of  married  women,  executed  by  them  jointly  with 
their  husbands,  under  hands  and  seals,  and  by  them  ac- 
knowledged, as  is   required  by  law,  and  duly  recorded, 
sliall  be  valid  and  effectual  to  transfer  such  real  estate  : 
and  all  deeds  and  conveyances,  by  the  husband  alone,  of 
the  real  estate  of  the  wife,  without  her  consent,  express- 
ed by  joining  him  in  the  deed,  shall  be  void,  so  far  as  H 
Proviso  as  to   respects  the  wife  :  Provided,  that  all  deeds  and  convey- 
1723.S  PU<      °  ances>  DJ  the  husband  alone,  of  the  real  estate  of  the 
wife,  without  her  consent,  prior  to  the  year  one  thousand 
seven  hundred  and  twenty-three,  shall  be  good  and  valid. 
Deeds  and  SECT.  15*  All  deeds,  and  other  conveyances  of  real 

bonds  without    cstate,  and  bonds,   which  have  been   executed  without 
'  seal,  shall  be  valid,  as  though  the  same  had  been  sealed. 
Proviso.  Provided,  that  this  act  shall  not  affect  any  suit  now  pend- 

ing. Approved,  June  1,  1824. 

Power  of  the        SECT.  16.  When  any  testator  directs,  by  his  last  will 
surviving  or     an(j  testament,  lands  to  be  sold,  by  his  executors,  for  the 
of  two  or  more  payment  of  debts,  legacies  or  other  uses,  and  appoints 
execntors,  to     several  executors,  part  of  whom  refuse  executorship,  or 
sell  and  con-     ^jg  before   sucn  lands  are  sold  and  conveyed  ;  in  such 
case,  the  acting  or  surviving  executor  or  executors,  shall 
have  power  to  sell  and  convey,  in  as  ample  a  manner  as  if 
all  the  executors  had  joined  in  the  sale  and  conveyance 
of  such  lands,  according  to  the  true  intent  of  the  testator, 
P   viso  expressed  in  his  will,  allowed  and  approved  by  the  court 

of  probate  :  provided  any  sale  or  conveyance  made  oth- 
erwise shall  be  void. 


Title  57.     Lands. 


CHAP.  II. 

An  Act  enabling  the  proprietors  of  common  and 
undivided  Lands,  to  manage  and  dispose  of 
the  same. 

fiTJE  it  enacted  by  the  Senate  and  House  of  Rep- 
SECT.  1.    B-^  **•'**          1,1         11  i 

JLF  resent  a  fives  in  (jrcneral  assembly  convened, 

That  all  grants,   divisions   and  dispositions  of  common  Certain   grants 

lands,  made  according  to  ancient  custom  in  town-meeet-  comm 

ings,  and  all  divisions  of  common  and  undivided  lands,  validated. 

made  by  the  proprietors  of  towns,  shall  be  good  and  ef- 

fectual in  law  ;  and  whatever  part  or  interest  such  pro- 

prietors have  in  any  common  and  undivided  land  in  any 

towns  not  disposed  of,  shall  be  allowed  and  taken  to  be 

their  proper  estate.    And  such  proprietors  of  common  and  Proprietors  of 

j-    -j    j  i       j     •  L         i         n  common  and 

undivided  lands  m  any  towns,  and  s-.ich  as  legally  repre-  undivided 

sent  them,   are  allowed  and  authorized  to  have  their  lands  may  hold 

meetings  in  such  respective  towns  ;  to  choose  their  clerk,  meet.1!1&s'  *n<* 

to  enter  and  record  their  doings,  who  shall  take  the  fol-  app01 

lowing  oath,  before  a  justice   of  the  peace,  to  wit  :  — 

i;  Whereas  you  N.  C.  are  chosen  cierk  of  this  propriety.  Form  of  clerk's 

you  swear,  that  you  will  truly  and  faithfully  execute  the  oath. 

office  of  clerk,  according  to  your  best  skill,   and  make 

entry  of  all  such  votes  as  shall  be  made  according  to  law, 

and  deliver  true  copies  of  the  same,  when  they  shall  be 

required,  taking  only  your  lawful  fees  :  So  help  you  God." 

And  all  records  of  their  votes  and  proceedings,  attested 

by  him,  shall  be  admitted  as  lawful  evidence. 

SECT.  2.  And  the  proprietors,  in  such  meetings,  shall  Power  of  pro- 
have  power,  after  the  ancient  manner  and  custom   in  prietors  in 
towns,  by  their  major  vote  in  such  meetings,  to  be  com- 
puted according  to  their  interest  in  such  lands,  to  regu- 
late, manage,  use  and  divide  such  common  land,  in  such 
manner  and  proportion  as  they  shall  think  proper  :  Pro-  prov;SOj  as  to 
vided,  that  this  act  shall  not  be  taken  to  intend,  that  pow-  town  com- 
er is  given  to  any  proprietors  to  divide  and  set  out  lands  nions. 
sequestered  for  town  commons.      Provided  also,  that  Proviso,  vali- 

whcre  the  proprietors  have,  by  any  vote  upon  record,  in  dating  former 
.1    •  feu      i   ^i  i          /       ±  f      j.u      f  A         •     votes. 

their  towns,  obliged  themselves  to  act  tor  the  future  in 

any  other  method,  in  dividing  the  undivided  lands  in  such 
townships,  such  vote,  being  the  act  of  the  proprietors, 
shall  be  and  remain  valid  and  binding  against  them,  and 
their  heirs  ;  and  the  undivided  lands  referred  to  in  said 
vote,  shall  be  divided  and  held  according  to  such  vote. 

SECT.  3.  The  proprietors  of  common  and   undivided  Power  to  lay 
lands,  in  any  towa,  are  fully  empowered,  at  a  legal  meet-  tax€5- 


258  Title  57.     Lands. 

ing,  by  their  major  vote,  to  make  a  rate,  as  occasion 
require,  to  defray  the  necessary  expenses,  incurred  by 
To  appoint  col-  said  propriety,  and  to  appoint  collectors,  to  collect  the 
same,  who  are  vested  with  the  same  powers  as  the  col- 
lectors of  town  taxes,  and  shall  make  payment  of  the 
money  by  them  collected,  to  the  proprietors  appointing 
them,  or  to  their  order,  on  the  same  penalties,  and  under 
the  same  regulations,  as  collectors  of  town  taxes. 
To  exchange          SECT.  4.  The  said  proprietors  are  empowered,  at  their 
ways   *      'S  "  lawful  meetings,  to  make  exchange  of  any  of  the  common 
land  for  needful  and  convenient  highways  in  said  town, 
with  any  of  the  proprietors,  inhabitants  or  owners  of  such 
land  as  shall  be  judged  most  convenient  and  needful,  by 
the  proprietors  aforesaid  :  which  exchanges  shall  be  en- 
tered in  the  proprietors'  book  of  records,  and  shall  be 
held  to  be  good  and  valid,  to  the  use  of  the  person  or 
changes  vail-     Persons  receiving  the  same,  and  to  his  and  to  their  heirs 
dated.  and  assigns  forever  :  and  all  exchanges  heretofore  made 

for  the  use  aforesaid,  shall  be  held  to  be  good  and  valid, 
Meetings,  how  SECT.  5.  When  any  five  or  more  of  the  proprietors  of 
such  common  and  undivided  land  shall  judge  a  proprie- 
tors' meeting  to  be  necessary,  they  may  apply  to  a  jus- 
tice of  the  peace,  within  the  County  where  the  lands  lie, 
for  a  warrant  to  call  a  meeting  of  the  proprietors,  expres- 
r-ing  the  time,  place,  occasion,  and  business  of  such  meet- 
ing ;  and  such  justice  of  the  peace  is  empowered  to  grant 
a  warrant  for  such  meeting,  which  shall  be  published,  by 
inserting  it  in  some  ptiblic  newspaper,  in  or  nearest  the 
town  in  which  such  lands  are  situated,  four  weeks  succes- 
sively, and  also,  by  posting  it  on  the  public  sign-post  in 
such  town,  at  least  twenty  days  before  the  day  appointed 
for  such  meeting ;  which  shall  be  a  sufficient  warning 
Proviso.  and  notice  for  said  meeting  :  Provided,  that  where  said 

proprietors  have  agreed  upon  a  different  mode  of  warn- 
ing their  meetings,  such  mode,  or  that  prescribed  by  this 
act,  shall  be  sufficient. 

How  encroach-  SECT.  G.  If  any  person  has,  within  fifteen  years,  taken, 
removed  and  O1  sna^  take,  into  his  inclosure,  any  part  of  common  and 
prevented.  undivided  land,  a  committee  appointed  by  the  proprietors 
of  such  land  encroached  upon,  which  committee  (he  pro- 
prietors of  common  and  undivided  lands  are  empowered 
to  appoint,  or  any  three  of  such  proprietors,  are  directed 
to  give  notice  to  the  person  or  persons  offending,  to  re- 
move the  same,  within  such  time  as  the  committee  or 
proprietors  shall  appoint,  not  exceeding  one  month  after 
such  notice  ;  and  on  their  neglect,  it  shall  be  lawful  for 
such  committee  or  proprietors  to  remove  the  same,  and 
the  person  or  persons  making  such  encroachment,  shall 
be  liable  to  pay  the  expense  of  throwing  down  and  re- 


Title  57.     Lands.  259 

jnoving  such  encroachment,  to  be  recovered  by  a  proper 
action,  in  the  name  of  the  committee  or  proprietors,  who 
remove  the  encroachment.  And  if  the  person  or  per- 
sons so  offending,  shall  take  in  the  same,  or  a  greater  or 
less  quantity  of  land,  where  his  fence  has  been  removed 
as  aforesaid,  he  shall  incur  a  penalty  of  seven  dollars,  for 
every  such  offence,  to  be  recovered  in  a  proper  action, 
by  the  committee  or  proprietors  who  gave  the  warning, 
one  half  to  the  proprietors,  and  the  other  half  to  the  treas- 
ury of  the  county. 

SECT.  7.  The  proprietors  of  common  and  undivided  p°wer  of  Pro" 
lands  in  towns,  in  legal  meeting,  may,  by  a  major  vote,  transfer  lands 
transfer  such  lands  to  the  town  in  which  they  are  situated,  to  the  town, 
and  may  appoint  a  committee,  or  any  persons,  to  execute 
proper   conveyances,  which   shall  be  valid :  and  when 
such  votes  have  been  passed,  and  committees  appointed 
to  execute   conveyances,  such   committees,  or  a  major 
part  of  them,  may  execute  conveyances,  which  shall  be 
valid. 

SECT.  8.  The  records  of  proceedings,  kept  by  the  pro-  Proprietors' 
prietors  of  common  and  undivided  lands,  may,  by  their  jep'o 
order,  be  deposited  with  the  town-clerk  in  the  town  where  town-clerk 
the  lands  lie,  and  where  they  lie  in  several  towns,  with 
the  clerk   of  the   most  ancient  town  :  and  when   such 
proprietors  have  ceased  to  hold  meetings,  any  person 
having  the  records  in  his  possession,  may  deposit  them 
with  the  town-clerk  as  aforesaid  ;  and  in  such  cases,  the 
town-clerk  shall  keep  the  same,  and  shall  give  true  copies 
thereof,  when  required,  which  shall  be  legal  evidence. 


CHAP.  III. 

An  Act  prescribing  a  summary  process,  to  enable 
the  owners  of  Lands,  Houses,  or  other  Build- 
ings, to  recover  Possession. 

,  -»E  it  enacted  by  the  Senate  and  House  of  Rep- 
SECT.  1.     *-*  y-    -          -  -         ••  * 


m 


resentatives  in  General  Assembly  convened, 

That  whenever  the  owner  or  lessor  of  any  land,  dwelling-  Lessor  to  give 
house,  or  other  building,  held  under  a  lease,  in  writing  or  j-J^  JJJ 
by  parol,  shall  desire  to  obtain  possession  of  the  same,  at 
the  expiration  of  the  lease,  or  at  any  subsequent  time,  he 
shall  give  notice  to  the  lessee  to  quit  possession  of  said 
land,  house,  or  building,  or  any  apartment  of  the  same, 
at  least  thirty  days  before  the  expiration  of  the  lease,  or 
before  the  time  when  said  lessee  shall  be  required  to  quit 
possession  ;  which  notice  shall  be  in  writing,  in  the  form 


200  Title  57.     Lands. 


of  notice,  following,  to  wit  :  —  "I  hereby  give  you  notice,  that  you  are 
to  quit  possession  of  the  land,  house  [apartment,  store  &c. 
as  the  case  may  be]  now  occupied  by  you,  on  or  before  the 
[here  insert  the  day.  place,  date,  and  name]"  —  Of  which 
Duplicates  to     notice  duplicate  copies  shall  be  made,  one  of  which  shall 
he  mad<^  jje  delivered  to  the  lessee,  or  left  at  his  place  of  residence, 

\         in  the  presence  of  at  least  one  credible  witness.     And  if, 
at  the  expiration  of  the  thirty  days,  the  lessee  shall  neg- 
*  •    lect  or  refuse  to  quit  his  possession  of  the  premises,  any 
Justice,  &.c.  to  justice  of  the  peace  in  the  town  in  which  the  said  leased 

issue  a  sum-  p'&emiscs  shall  be  situated,  shall  have  power,  on  complaint 
rnons  to  lessee.  rr'-, 

ot  tfye  lessor  or  owner,  to  issue  a  summons  to  the  lessee, 

which  shall  be  served  at  least  six  days  before  the  time  of 

trial,  to  appear  before  him  to  answer  to  such  complaint  ; 

To  issue  a  ver-  and  also,  to  summon  a  jury  of  six  disinterested  freeholder? 

nire.  of  the  town,  to  enquire  whether  the  possessor  is  the  lessee 

Jury  to  find       of  the  complaint,  and  holds  over  the  term  of  the  lease. 

facts.  and  whether  notice  has  bcengiven  to  the  lessee  according 

to  the   provisions  of  this  act,  and  said  lessee  holds  pos- 

session after  the  expiration  of  the  time  therein  specified. 

Justice,  &c.  to  And  in  case  the  jury  find  these  facts  in  favor  of  the  corn- 

render  judg-      plainant,  the  said  justice  of  the  peace  shall  render  judg- 

ment for  the  complainant,  to  recover   possession  of  the 

said  leased  premises,  with  his  costs,  and  issue  execution 

Defendant         accordingly.     But  if  the  defendant  shall  show  to  the  jury 

when  tore'cov-  a  title  in  himself,  derived  after  the  date  of  the  lease,  from 

er  costs.  the  lessor,  or  from  any  other  person,  or  persons,  or  if  the 

jury  should  not  find  a  lease,  a  notice  given  and  a  holding 

over  as  aforesaid,  the  defendant  shall  recover  his  costs. 

Bond,  with  SECT.  2.  When  any  magistrate  aforesaid,  shall  issue  a 

surety,  to  be     summons  for  the  purpose  aforesaid,  he  shall  take  of  the 

complainant  a  bond,  with  sufficient  surety,  to  the  adverse 

party,  to  answer  all  costs  and  damages  which  the  defend- 

ant may   sustain,   in  case  the  complainant  shall  fail  to 

make  his  plea  good. 

Lessor  entitled       SECT.  3.  All  persons  claiming  title  to  the  prerr,i,-o. 

i°wCmCt  y  at     sna^?  notwithstanding^this  act,  or  any  proceedings  that 

may  have  been  had  under  the  same,  be  entitled  to  their 

remedy  at  law,  in  the  same  manner  as  if  this  act  had  not 

been  passed. 

Those  deriving  SECT.  4.  The  provisions  of  this  shall  extend  to  any 
title  from  les-  person  or  persons  deriving  title  from  the  lessor  or  lessee 
Wee  remedy.  °fany  land,  dwelling-house,  or  other  building  as  afore- 

said. 

Fees  of  magis-      SECT.  5.  The  fee  of  the  magistrate  for  the  trial  of  said 
irate,  &c.          complaint,  shall  be  one  dollar;  and  the  fee  of  each  juror 
shall  be  fifty  cents  ;  and  the  officer's   fees   shall  be  the 
same  as  for  like  services  in  civil  process. 


Title  58.     Leather. — Title  59.    Library  Companies.  261 

TITLE  58.     Leather, 

An  Act  concerning  Leather,  and  for  regulating 
the  several  Artificers  concerned  in  working 
and  making  up  the  same. 


SECT.    1, 


!     TOE  it  enacted  by  the  Senate  and  House  of  Rep- 
MJ  resentatives,  in  General  Assembly.  convened, 
That  no  person  shall  set  up,  or  carry  on,  the  trade  or  No  person  to 
mystery  of  tanning  leather,  except  he  prove  his  skill  there-  la.n  leather 
in,  to  the  county  court  of  that  county,  wherein  such  per- 
son  lives,  by  the  testimony  of  two  or  more  witnesses,  and 
obtain  a  license  therefor,  from  such  court  ;  and  every 
person,  who  shall  set  up  and  carry  on  said  trade,  without 
such  license,  shall  forfeit  sixty-seven  dollars,  one  half  to  Penalty. 
him  who  shall  sue  for  the  same  to  effect,  and  the  other 
half  to  the  tresurer  of  the  county,  where  the  offence  shall 
be  committed. 

SECT.  2.  Each  manufacturer  of  leather,  or  of  boots,  Manufacturers 
half-boots,  shoes,  pumps,  sandals,   slippers,   goh-shoes,  stamp*  their"6 
saddles,  or  harness,   shall  have  the  exclusive  right  of  work. 
stamping  said  articles,  by  him  or  her  manufactured,  with 
the  initial  letter  of  his  or  her  Christian  name,  and  his  or 
her  surname  at  length,  and  the  name  of  the  town,  or 
place  of  his  or  her  abode  ;  and  such  stamping  shall  be 
considered  as  a  warranty,  that  the  article  stamped,  is 
merchantable,  being  made  of  good  materials,  and  well 
manufactured. 

SECT.  3.  If  any  person  shall  fraudulently  stamp,  or  aid  Penalty  for 
or  abet,  in  fraudulently  stamping,  either  of  the  articles  J^dp"[f,nUy 
aforesaid,  with  the  name  or  stamp  of  any  other  person,  he 
shall,  on  due  conviction  thereof,  be  punished  by  fine,  not 
exceeding  one  hundred  dollars,  to  the  state  treasury,  or 
by  imprisonment,  not  exceeding  six  months,  or  by  both 
those  punishments,  at  the  discretion  of  the  court,  having 
cognizance  of  the  offence. 

TITLE  59.     Library  Companies. 
An  Act  concerning  Library  Companies. 


E  it  enacted  by  the  senate  and  House  of  Rep- 
-      resentatives  in  General  Assembly  convened, 
That  liberty  be,  and  hereby  is  granted  to  any  individuals,  ^jjJ 
in  any  town  in  this  state,  to  associate  for  the  purpose  of  public  H 


262 


Title  60.     Limitations. 


to  be  a  body 
politic  and  cor 
porate. 

General  pow 

ers. 


A  copy  of  arti- 
cles of  associa- 
tion to  be  lodg- 
ed with  the  sec- 
retary. 

This  act  re- 
pealable. 


procuring  and  establishing  a  public  library  ;  and  being  so 
associated,  shall,  on  complying  with  the  provisions  of  this 
act,  be  considered  as  a  body  politic  and  corporate  ;  may 
choose  a  president,  and  other  officers  ;  my  enact  by- 
laws for  regulating  the  affairs  of  such  corporation,  not 
inconsistent  with  the  laws  of  this  state,  and  compel  the 
due  observance  thereof,  by  suitable  penalties  •,  may  sue 
and  be  sued,  and  do  all  acts  necessary  and  proper  for  the 
•well  ordering  of  the  allairs  of  such  corporation.  Provid- 
ed, however,  that  before  any  such' association  shall  be  en- 
titled to  the  privileges  of  this  act,  they  shall  lodge  with 
the  secretary  of  this  state,  a  copy  of  their  articles  of  as- 
sociation. Provided,  also,  that  this  act  may,  at  any  time, 
be  altered  or  repealed,  by  the  general  assembly. 


TITLE  60.     Limitations. 

An  Act  for  the  Limitation  of  Civil  Actions,  and 
of  Criminal  Prosecutions. 


SECT.   1. 


Entry  into 
lands,  limited 


Action,  when 


Saving. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
That  no  person  shall,  at  any  time  hereafter,  make  entry 
into  any  lands  or  tenements,  but  within  fifteen  years  next 
after  his  right  or  title  shall  first  descend  or  accrue  to  the 
same  ;  and  every  such   person,  so  not  entering,  and  his 
heirs,  shall  be  utterly  disabled  to  make  such  entry  after- 
wards ;  and  no  such  entry  shall  be  sufficient,  unless  an  ac- 
to  be  brought  tion  shall  be  commenced  thereupon,  and  prosecuted  with 
upon  n-    e(jcc^  within  one   year  next  after  the  making  thereof. 

Provided,  nevertheless,  that  if  any  person  who  hath,  or 
shall  have,  such  right  or  title  of  entry  into  any  lands  or 
tenements,  be,  or  shall  be,  at  the  time  of  the  first  descend- 
ing or  accruing  of  the  said  right  or  title,  within  the  age  of 
twenty-one  years,  feme  covert,  non  compos  mentis,  ©rim- 
prisoned,  then  such  person  and  his  heirs  may,  notwith- 
standing the  expiration  of  the  said  fifteen  years,  bring 
such  action,  or  make  such  entry,  as  he  might  have  done 
before  the  expiration  of  the  said  fifteen  years,  so  as  such 
person  shall,  within  five  years  next  after  full  age,  disco- 
vcrture,  coming  of  sound  mind,  enlargement  out  of  pris- 
on, or  the  heirs  of  such  person,  shall,  within  five  years  af- 
ter the  death  of  such  person,  bring  such  action,  or  make 
such  entry,  and  take  benefit  of  the  same.(l) 

(1)  This  clause  was  passed  in  1684,  and  that  statute  is  twenty  years.  In  the  slat- 
is  copied  from  21  Jac.  1.  c  6.  *.  1.  ex-  .  ute  of  Jac.  1.  there  is  an  exception  in  fa- 
cepting  as  to  the  length  of  time,  which  in  vor  of  persons  beyond  seas ;  M  hich  was 


p 

Title  60.     Limitatios.  263 

SUCT.  2.  No  action  shall  be  brought  on  any  bond,  or  Actions  onspe- 
vfriting  obligatory,  contract  under  seal,  or  promissory  cialties> limit- 
note  not  negotiable,  but  within  seventeen  years,  next  af-  e  ' 
ter  an  action  on  the  same  shall  accrue.     Provided,  nev-  Saving, 
ertheless,  that  persons  legally  incapable  to  bring  an  ac- 
tion on  such  bond  or  writing,  at  the  accruing  of  the  right 
of  action  thereon,  may  bring  the  same  at  any  time  within 
four  years  after  their  becoming  legally  capable  to  bring 
such  action. 

SECT.  3.  No  action  of  account,  of  debt  on  book,  or  Account; 

on  simple  contract,  orofassumpsit,  founded  upon  impli-  book-debt; 

,     .  .,.  *         assumpsit  upon 

ed  contract,  or  upon  any  contract  in  writing,  not  under  implied  or  sim- 

seal,  except  promissory  notes  not  negotiable,  shall  be  PIe  contract. 

brought  but  within  six  years  next  after  the  right  of  action 

shall  accrue.     Provided,  nevertheless,  that  persons  legal-  SavinS- 

ly  incapable  to  bring  any  such  action,  at  the  accruing  of 

the  right  of  action,  may  bring  the  same  at  any  time  within 

three  years  after  their  becoming  legally  capable  to  bring 

such  action. 

SECT.  4.  No  action  of  trespass  on  the  case  shall  be  Trespass  on  the 
brought  but  within  six  years  next  after  the  right  of  action  case> 
shall  accrue.  v 

SECT.  5.  No  action  founded  upon  any  express  contract  Actions  found- 
er agreement,  other  than  actions  of  book  debt,  on  proper  ed  "P°n  express 

'   r  i  .  contracts  not 

subjects  thereof,  not  reduced  to  writing,  or  some  note  or  reduced  to 

memorandum  thereof,  made  in  writing,  and  signed  by  the  writing  ; 
party  to  be  charged  therewith,  or  some  other  person  by 
him  lawfully  authorized  ;  no  action  of  trespass  ;  and  no  tresPass ; 
action  upon  the  case  for  Avords,  shall  be  brought  but  with-  case  for  words 
in  three  years  next  after  the  right  of  action  shall  accrue. 

SECT.  6.  No  suit  or  action  for  any  forfeiture,  upon  any  Actions  on  pe 
penal  statute,  shall  be  brought  by  any  person  or  persons,  na* statutes' 
who  may  lawfully  sue  for  the  same,  but  within  one  year 
next  after  the  offence  committed. 

SECT.  7.  No  suit  or  action,  either  in  law  or  equity,  shall  Actions  against 
be  brought  against  any  sheriff,  sheriff's  deputy,  or  consta-  i°ffitcefSdfotr  neg" 
ble,  for  any  neglect  or  default  in  his  office  and  duty, 
but  within  two  years  next  after  the  right  of  action  shall 
accrue. 

SECT.  8.  If  in  any  of  the  said  suits  or  actions,  judgment  Time  of  com- 
be given  for  the  plaintiff',  and  the  same  be  reversed  by  mencing  a  new 
error,  or  a  verdict  pass  for  the  plaintiff,  and  upon  matter  ^^/^"esVof 
alleged  in  arrest  of  judgment,  the  judgment  be  given  judgment,  lim- 
against  the  plaintiff,  that  he  take  nothing  by  his  writ,  de-  'ted. 

at  first  copied  into  our  statute  ;  but  though  it  has  been  decided,  that  when  the  statute 

such  an    exception    might   be  proper  in  once  begins  to  run,  a  supervenient  disa- 

Englanc1,  yet  as  it  would  be  highly  unrea-  bilily  wjll   not  stop  it,  so  that  no  person 

sonable  in  this  country,  it  has  bee'n  omit-  can  take  benefit  of  two  successive  disabil- 

<ed.    In  the   construction  of  this  statute,  ities.    Bunce  v.  Wolcott,  2  Conn.  Rep.  27 


264 


Title  60.     Limitations. 


Time  of  defend- 
ant's absence 
from  the  state, 
to  be  excluded 
from  computa- 
tion. 

New  limita- 
tions to  be 
computed  from 
June  1,  1621. 


Writ  Of  error. 


Petition  for  a 
new  trial. 


Treason  and 
new-gate  of- 
fences. 


Any  crime  or 
misdemeanor, 
not  punishable 
with  death,  or 
imprisonment 
in  newgate. 


Proviso,  as  to 
slave-trade  > 
Slaves,  Sic. 


Proviso,  as  to 
offenders  flee- 
ing from  the 
ftate. 


claration,  or  Mil ;  in  all  such  cases,  the  party  plaintiff 
his  heirs,  executors,  or  administrators,  as  the  case  shall 
require,  may  commence  a  new  suit  or  action,  at  any  time 
within  a  year  after  such  judgment  reversed,  or  such  judg- 
ment given  against  the  plaintiff.  And  in  computing  the 
time  limited  in  the  several  cases  aforesaid,  the  time,  dur- 
ing which  the  party  against  whom  there  may  be  any  such 
cause  of  action,  shall  be  without  this  state,  shall  be  ex- 
cluded from  the  computation.  In  all  cases,  herein  before 
specified,  wherein,  By  the  laws  of  this  state,  hitherto  in 
force,  no  time  is  limited  for  the  bringing  of  said  actions, 
or  a  longer  time  is  allowed  therefor,  than  the  time  herein 
limited,  such  last  mentioned  time  shall  commence  on,  and 
be  computed  from,  the  first  day  of  June,  one  thousand 
eight  hundred  and  twenty-one. 

SECT.  9.  No  writ  of  error  shall  be  brought  for  the  re- 
versal of  any  judgment,  after  the  expiration  of  three 
years  from  the  time  of  rendering  such  judgment. 

SECT.  10.  No  petition  for  a  new  trial,  in  any  case  in 
which  final  judgment  hath  been,  or  shall  have  been  ren- 
dered, either  in  chancery  or  at  law,  shall  be  brought,  but 
within  three  years  next  after  the  judgment  or  decree  com- 
plained of,  shall  have  been  rendered  or  passed. 

SECT.  11.  No  person  shall  be  indicted, informed  against, 
complained  of,  or  in  any  way  prosecuted,  before  any 
court,  for  treason  against  this  state,  or  for  any  crime  or 
misdemeanor,  whereof  the  punishment  is,  or  may  be,  im- 
prisonment in  newgate  prison,  unless  the  indictment,  pre- 
sentment, or  complaint  be  made  and  exhibited  within  three 
years,  next  after  the  offence  shall  have  been  committed : 
nor  shall  any  person  be  indicted,  informed  against,  com- 
plained of,  or  in  any  way  prosecuted,  before  any  court,  for 
the  breach  of  any  penal  law  or  for  other  crime  or  misde- 
meanor, excepting  crimes  punishable  by  death,  or  impris- 
onment in  newgate  prison,  unless  the  indictment,  present- 
ment, information  or  complaint,  be  made  and  exhibited 
within  one  year  next  after  the  offence  shall  have  been 
committed.  Provided,  that  any  action  or  prosecution 
proper  for  the  recovery  of  any  penalty  incurred  by  the 
breach  of  any  of  the  provisions  of  the  law  relating  to  the 
slave-trade,  or  concerning  Indian,  Mulatto,  and  Negro 
servants  and  slaves,  may  be  brought,  and  prosecuted  at 
any  time  within  three  years  after  such  cause  of  action 
shall  arise.  Provided,  that  if  the  person  against  whom 
such  indictment,  presentment,  information  or  complaint 
shall  be  brought  or  exhibited,  shall  have  fled  from,  and 
have  resided  out  of,  this  state,  during  the  period  limited 
as  aforesaid  for  the  prosecution  of  the  offence  charged, 
then  the  same  may  be  brought  and  exhibited  against  such 


Title  61.     Maintenance. 

person,  at  any  time  within  such  period,  during  which  lie 
shall  reside  within  this  state,  after  the  commission  of  the 
offence.     And  provided,  also,  that  where  any  suit,  indict-  Proviso  as  to 
ment,  presentment,  information  or  complaint,  for  any  Otoer  scutes  • 
crime  or  misdemeanor,  is,  or  shall  be  limited  hy  any  oth- 
er statute,  to  be  brought  or  exhibited  within  a  shorter 
time  than  is  hereby  limited,  the  same  shall  be  brought  or 
exhibited  within  the  time  limited  by  such  statute. (2) 

(2)  Statutes  of  limitation  are  properly  former  statutes,  the  limitation  was  con  fin- 
called  statutes  of  repose  ;  as  they  prevent  ed  to  bonds,  bills  or  notes,  for  money  on- 
disputes  of  long  standing,  which  are  high;  ly  ;  and  where  the  condition  or  contract 
ly  prejudicial  to  the  interests  of  the  coil-  was  for  any  other  thing,  there  was  no 
munity.  Though  statutes  of  this  kind  limitation.  As  there  can  be  no  reason 
have  been  enacted  from  time  to  time,  yet  for  such  a  distinction,  it  is  here  omitted, 
there  were  many  case?  to  which  they  did  In  the  former  statutes,  there  was  no  lira- 
not  extend.  By  the  former  statutes,  there  itation  to  a  prosecution  for  a  crime,  un- 
was  no  limitation  to  actions  of  account,  less  some  forfeiture  belonged  to  a  public 
assumpait  on  written  or  implied  contracts,  treasury:  but  it  was  thought  reasonable 
or  trespass  on  case,  except  for  slander,  that  other  prosecutions,  where  the  offence 
The  present  statute  is  intended  to  limit  all  is  not  capital,  should  be  limited, 
actions,  to  a  reasonable  lime.  In  the 

TITLE  61.     Maintenance. 

An  Act  to  prevent  unlawful  Maintenance. 

TJ  E  it  enacted  by  the  Senate  and  House  ofRep~ 
IT*   resentativcs  in  General  Assembly  convened, 
That  no  attorney  or  counsellor  at  law,  sheriff,  deputy-  Attomies, 

sheriff,  or  constable,  shall,  directly  or  indirectly,  buy,  or  sn<j"ffs,  &c. 

•    "          i    i  •     i       *  i        i    not  to  piircn8.SC" 

be  in  any  way  or  manner  interested  in  buying,  any  bond,  any  note>  &c. 

bill,  promissory  writing,  book-debt,  or  other  chose  in  ac- 
tion, unless  in  payment  for  estate,  either  real  or  personal, 
sold,  or  for  services  rendered,  or  for  a  debt  or  debts  an- 
tecedently contracted  without  intent  to  evade  or  violate 
this  act,  on  pain  of  forfeiting  a  sum  equal  to  the  amount  Forfeiture  ; 
of  the  bond,  bill,  promissory  writing,  book-debt,  or  other 
chose  in  action,  so  unlawfully  bought, — to  be  recovered  how  recovered, 
in  any  proper  action,  by  any  person  who  may  sue  for  the 
same,  before  any  proper  court,  or  by  complaint  or  in- 
formation of  any  informing  officer.     Provided,  that  this  Proviso, 
act  shall  not  be  construed  to  prohibit  the  buying  of  any 
bill  of  exchange,  draft,  or  other  chose  in  action,  pur- 
chased for  the  purpose  of  remittance,  and  not  to  evade 
this  act.  Defendant 

SECT  2.  It  shall  be  lawful  for  any  defendant,  in  any  may  call  upon 
suit  brought  on  any  bond,  bill,  promissory  writing,  or  {jj  JtUJJey,0' 
other  chose  in  action,  to  file  his  motion,  if  before  any  to  disclose  as 

city  court,  or  justice  of  the  peace,  at  the  time  of  his  ap-  to_ the  P_ur- 
J./.T.   f  jchaseofthe 

pearance.  and  it  before  any  county  court,  on  the  second   ote  in  stljh 


•366 


Title  62.      Mandamus. 


day  of  the  session  thereof — alleging  that  he  verily  bo 
lieves,  that  the  bond,  bill,  promissory  writing,  book-debt, 
or  other  chose  in  action,  hath  been  bought  contrary  to 
the  provisions  of  this  act,  and  praying  the  court,  or  jus- 
tice, to  enquire  into  the  truth  thereof,  by  common  law 
proof,  or  by  the  oath  of  the  plaintiff,  if  a  resident  within 
this  state,  or  by  the  oath  of  the  attorney  in  such  suit,  if  a 
resident  without  this  state,  which  the  court,  or  justice,  is 
hereby  authorized  to  do  ;  and  if  the  plaintiff,  or  attorney, 
in  the  cases  aforesaid,  shall  refuse  to  disclose,  on  oath, 
regarding  the  facts  alleged  in  said  motion,  or  if  on  such 
disclosure,  it  shall  appear  that  such  bond,  bill,  promisso- 
ry writing,  book-debt,  or  other  chose  in  action,  hath  been 
bought  in  violation  of  this  act,  the  plaintiff  shall  be  non- 
suited. 

SECT.  3.  In  case  any  counsellor,  or  attorney  at  law, 
shall  be  guilty  of  a  breach  of  this  act,  and  shall  be  thereof 
majTbe^struck    duly  convicted,  or  by  an  enquiry  instituted  by  the  supc- 
from  the  roll.     rjOr  court,   or  any  county  court,  shall  be  found  to  have 
violated  the  same,  he  shall  be  struck  off  the  roll  of  attor- 
nies,  and  counsellors,  and  be  thereafter  no  longer  permit- 
ted to  practice  in  either  of  said  capacities,  in  any  court 
in  this  state,  except  in  his  own  cause. 


Counsellor  or 


TITLE  62.     Mandamus. 


MANDAMUS. 

Superior  court, 
empowered  to 
issue  writs  of 
mandamus. 


Peremptory 
mandamus, 
when  to  be 

issued. 


Court  may  en- 
quire into  truth 
of  return. 


Judgment. 


\n  Act  authorising  the  Superior  Court  to  grant 
writs  of  Mandamus,  Prohibition,  and  Quo 
Warranto. 


SECT.  1. 


E  it  enacted  by  the  Senate  and  House,  of  Rep* 
\  resentatixes  in  General  Jhsembly  convened, 
That  the  superior  court  shall  have  power  to  issue  writs  of 
mandamus,  in  cases  in  which  they  may  by  law  be  granted, 
and  to  proceed  therein,  and  to  render  judgment  according 
to  the  course  of  the  common  law. 

SECT.  2.  When  a  writ  of  mandamus  is  issued,  requir- 
ing the  party  to  whom  it  is  directed  to  make  a  return,  if 
such  party  shall  refuse  or  neglect  to  do  it,  then  the  court 
may  issue  a  peremptory  mandamus. 

SECT.  3.  When  the  party  to  whom  such  writ  is  directed 
shall  make  a  return  sufficient  on  the  face  of  it,  if  it  shall 
be  denied  by  the  other  party,  it  shall  be  competent  for 
the  court  to  enquire  into  the  truth  of  it,  and  if  they  shall 
find  it  to  be  untrue,  then  to  issue  a  peremptory  manda- 
mus, in  the  same  manner,  and  on  the  same  principles,  as 
if  the  return,  was  insufficient ;  and  to  render  judgment  for 


Title  62.     Mandamus.  267 

the  complaint  to  recover  his  costs,  and  to  grant  execution 
for  the  same ;  but  if  the  return  shall  be  found  to  be  true 
and  sufficient,  then  to  render  judgment  in  favor  of  the 
party  complained  of,  to  recover  his  costs  against  the 
complaint. 

SECT.  4.  Be  it  further  enacted,  That  when  any  person  PROHIBITION. 

or  persons,  shall  make  complaint  and  suggestion  to  the  „ 

i  f±\-     •    j         By   whom  and 

superior  court,  when  in  session,  or  to  either  of  thejudges  in  what  case,  a 

in  vacation,  that  any  inferior  court  or  tribunal  do  exceed  rule  shall  be 
their  jurisdiction,  or  hold  plea  of  any  matter,  cause  or  grantec' 
thing,  whereof  by  law  such  court  has  not  cognizance,  by 
which  the  person  or  persons  suggesting  or  aggrieved  ; 
then  in  every  such  case,  the  superior  court,  or  such  judge, 
is  impowered  to  grant  a  rule,  subscribed  by  the  clerk  of 
the  court,  or  such  judge,  directed  to  the  party  prosecut- 
ing, as  well  as  to  the  judge  or  judges  of  such  inferior 
court,  as  take  cognizance  of  matters  of  which  they  have 
no  right  to  hold  plea,  to  appear  before  the  superior  court, 
or  such  judge,  in  such  reasonable  time  as  they  or  he  shall 
appoint,  to  shew  cause,  why  a  writ  of  prohibition  should 
not  be  issued  against  them.     If  the  party  complained  of 
shall  neglect  or  refuse  to  appear,  said  court  or  judge  shall 
issue  a  writ  of  prohibition,  as  prayed  for  ;  but  if  such 
party  shall  appear,  he  may  plead  any  proper  matter  in  Tnsl- 
his  defence ;  and  said  court  or  judge  shall  have  power  to 
examine  and  decide  upon  the  truth,  as  well  as  the  suffi- 
ciency,  of  the  facts  arising  in  the  cause ;  and  if  they  find  bjt"on° 
sufficient  ground,  shall  issue  a  writ  of  prohibition  to  the 
party  prosecuting  the  suit,  and  to  the  judge  or  judges  in  Applicant's 
the  court  below,  commanding  them  to  proceed  no  further  costs- 
in  the  trial  of  the  suit ;  and  shall  also  tax  lawful  costs  in 
favor  of  the  applicant.     And  if  the  party  in  the  court  pu'nishable  as 
below,  or  the  judge  or  judges  of  such  court,  disobey  such  for  a  contempt 
writ  of  prohibition,  then  such  superior  court,  or  judge, 
shall  have  power  to  punish  them  for  the  contempt,  ac-  Damages  reco- 
cording  to  the  rules  of  the  common  law  ;  and  the  party  verable  in  ac- 
aeerrieved  shall  have  his  action  on  the  case  to  recover  all  lion  on  the 

CflSC 

the  damages  he  may  sustain.     But  if  no  sufficient  rea-  Costs  jn  favor 
sons  appear  for  granting  a  writ  of  prohibition,  costs  shall  of  party  com- 
be taxed  in  favor  of  the  party  complained  of,  and  execu-  Plainec*  of- 
tion  granted  for  the  same. 

SECT.  5.  And  be  it  further  enacted,  That  when  any  per-  QUOWARRANTO. 
son  or  corporation,  shall  usurp  the  exercise  of  any  office, 
franchise  or  jurisdiction,  the  superior  court  shall  have  Power  of  supe- 
power  to  proceed  by  information  in  the  nature  of  quo  pr*rce °d Iby°in- 
warrantOy  to  punish  them  for  such  usurpation,  according  formation; 
to  the  usage  and  principle  of  the  common  law  ;  and  also, 
may  permit  an  information  in  the  nature  of  quo  warranto,  orto  perinit  an 
to  be  filed  in  the  name  of  the  attorney  for  the  state  in  information  u> 


268 

be  filed,   in  the 
name  of  the 
states' attorney, 
at  the    relation 
of  any  one. 

Notice  of  rule 
and  service  of 
wrk. 


Time  of  ap- 
pearance. 


Title  63.    Manufactures. — Title  64.    Marriage* 

the  county  where  the  cause  of  action  arises,  at  the  rela^ 
tion  of  any  person  desiring  to  prosecute  the  same,  against 
any  person  usurping  any  corporate  franchise  or  oliice, 
and  to  proceed  therein,  and  render  judgment,  according 
to  the  course  of  the  common  law. 

SECT.  6.  When  notice  of  any  rule  is  to  be  given,  and 
service  of  any  writ  to  be  made,  the  same  shall  be  direct- 
ed to  the  sheriff  of  the  county,  or  his  deputy,  or  to  a 
constable  of  the  town,  who  shall  leave  a  copy  with  the  de- 
fendant, at  such  time  as  the  court  or  judge  shall  direct, 
and  make  due  return  of  his  doings  ;  and  the  superior 
court,  or  a  judge  of  such  court  acting  in  vacation,  shaH 
have  power  to  prescribe  such  time  for  the  appearance  of 
the  parties  as  they  shall  judge  to  be  reasonable,  to  give 
them  an  opportunity  to  make  their  defence. 


Stockholders 
uot  to  be  per- 
sonally liable. 


Proviso,  requir- 
ing a  certificate 
of  the  amount 
of   capital 
stock. 


TITLE  63.     Manufactures. 

4n  Act  concerning  incorporated  Manufacturing 
Companies. 

[Enacted  in  May,  1817.] 

BE  it  enacted  by  the  Senate  and  House  of  Represent^.' 
lives  in  General  Assembly  convened,  That  neither 
the  person,  nor  the  private  property  of  the  stockholders 
of  manufacturing  companies,  now  incorporated  in  this 
state,  shall  be  liable  for,  or  on  account  of,  any  contract 
which  shall  be  made  by  such  company,  from  and  after 
the  fourth  day  of  July  next,  made  for  the  sole  benefit  of 
said  company.  Provided,  nevertheless,  that  none  of  said 
companies  shall  take  benefit  of  this  act,  unless  such  as 
shall,  by  the  fourth  day  of  July  next,  lodge  a  certificate 
with  the  town-clerk,  of  that  town  where  the  factory  of 
such  company  is  situated,  (who  is  hereby  directed  to  re- 
ceive, and  record  the  same.)  containing  the  amount  of 
the  capital  stock  of  such  companies. 


TITLE  64.     Marriage. 

An  Act  for  the  due  and  orderly  celebrating  oi 
Marriage. 

j     "JJ  EiJ  tiMcted  by  the  Senate  and  House  of  Rep- 
lutention  of  '   JQ|  resentatives,  in  General  Assembly  convened, 

marriage,  how  ^ na^  no  person  shall  be  joined  in  marriage,  before  the 

to  be  publish-  »  •£,  '  ,'. 

^  purpose  or  intention  oi  the  parties  proceeding  therein. 


Title  64.      Marriages. 

aiath  been  sufficiently  published  in  some  public  meeting 
ar  congregation,  on  the  Lord's  day,  or  some  public  fast, 
thanksgiving  or  lecture-day,  in  the  parish,  or  society, 
where  the  parties,  or  either  of  them,  do  ordinarily  reside, 
or  such  purpose  or  intention  be  set  up,  in  fair  writing, 
upon  some  post  or  door  of  their  meetinghouse,  or  near 
the  same,  in  public  view,  there  to  stand  so  as  it  may  be 
read  eight  days  before  such  marriage. 

SECT.  2.  The  judges  of  the  superior  and  county  courts,  Wlio  may  ..ion, 
justices  of  the  peace,  and  ordained  ministers,  so  long  as  persons  in  mar- 
they  continue  in  the  work  of  the  ministry,  shall  have  pow-  lia§e' 
er  to  join  any  persons  in  marriage  :  and  all  marriages  at- 
tempted to  he  celebrated  by  any  other  persons,  shall  be 
vx)id.     Provided  nevertheless,  that  all  marriages,  which  proy.,^ 
shall  be  performed  and  solemnized,  according  to  the  forms 
and  usages  of  any  religious  denomination,  in  this  state, 
shall  be  good  and  valid. 

SECT.  3.  If  any  judge,  justice  of  the  peace,  or  ordain-  Penalty  for 

ed  minister,  shall  join  any  persons  together  in  marriage,  J9in'n?  in.  mar 
->f  f  ,,  s  nage,    without 

belore  the  purpose  or  intention  ot  the  parties  to  be  mar-  pubijcatjon  Of 

ried  has  been  published  or  notified  as  aforesaid,  and  be-  intention,  or 

fore  such  magistrate,  justice,  or  minister  is  certified  of  consent  of  par- 

•  ents  Sic 

the  consent  of  the  parents  or  guardians,  (if  any  there  be) 

of  such  parties  as  are  under  the  care  and  control  of  pa- 
rents or  guardians,  he  shall,  for  every  such  offence,  for- 
feit and  pay  the  sum  of  sixty-seven  dollars  ;  one  moiety 
whereof  shall  be  to  him  or  them  who  shall  complain  of, 
and  prosecute  the  same  to  effect,  and  the  other  moiety 
to  the  treasury  of  the  county  wherein  the  offence  shall  be 
committed.  And  if  any  person  or  persons  shall  deface  Penalty  for  de- 
or  take  down  any  notice  set  up  in  writing,  as  aforesaid,  be-  a^wif  notfce"6 
fore  the  expiration  of  eight  days  after  the  time  of  its  be- 
ing set  up.:  every  such  person  or  persons  shall  be  fined 
the  sum  of  three  dollars. 

SECT.  4.  It  shall  be  the  duty  of  every  person,  who  shall  Certificate  of 
hereafter  join   any  persons  together  in  marriage,  or  of  f^l"^^-!^ 
the  clerk  of  any  religious  society,  according  to  the  usages  to\vn-.clerk. 
of  which  the  marriage  is  performed,  by  the  declaration  of 
the  parties,  in  open  meeting,  within  thirty  days  after  said 
marriage,  to  lodge  a  certificate  of  the  same  with  the  town- 
clerk  of  the  town,  in  which  such  marriage  was  performed. 
And  it  shall  be  the  duty  of  the  town-clerk,  to  record  said 
certificate,  at  full  length,  in  a  book  procured  by  him  for 
this  purpose  ;  for  which  service  said  town-clerk  shall  be 
entitled  to  receive  twelve  and  a  half  cents  from  the  per-  fee  for  record 
son  who  shall  lodge  such  certificate  for  record.     A  copy  "lg" 
of  the  record  of  such  certificate,  duly  authenticated,  shall  to0b/rece7ved'' 
fee  received  in  evidence  in  all  courts  in  this  state.  in  evidence 

3B 


270  Title  65.     Masters  and  Servant?. 

Penalty  for  SECT.  5.  If  any  person,  who  shall  hereafter  join  any 

neglect  to  lodge  pergons  together  in  marriage,  shall  neglect  or  refuse  to 
certificate.  »  ~        , 

lodge  a  certificate  oi  such  marriage  with  the  town-clerk, 

as  aforesaid,  within  thirty  days  after  the  celebration  of 
such  marriage,  such  person  shall  forfeit  and  pay  the  sum 
of  fifteen  dollars,  for  the  use  of  the  treasury  of  the  town 
wherein  such  marriage  was  performed.     And  it  shall  be 
the  duty  of  the  treasurer  of  such  town  to  prosecute   the 
Penalty  on         same  to  effect.     And  in  case  the  treasurer,  after  notice 
treasurer  for     that  a  marriage  has  been  performed,  and  not  recorded, 
ecute01 10  F°3~  agreeably  to  this  act,  shall  neglect  to  prosecute  for  the 
aforesaid  penalty,  he  shall  forfeit  and  pay  the  sum  of  sev- 
en dollars,  to  any  one  who  shall  sue  therefor. 

Former  mar-  SECT.  6.  All  marriages,  which  have  heretofore  been 
nages  declared  performed  and  celebrated,  in  this  state,  by  a  magistrate, 
justice  of  the  peace,  or  a  minister,  ordained,  or  qualified, 
and  empowered  to  celebrate  marriages,  according  to  the 
forms  and  usages  of  any  religious  society  or  denomination, 
are  hereby  declared  to  be  good  and  valid,  to  all  intents 
and  purposes  whatever ;  any  law,  custom,  or  usage  to 
the  contrary,  notwithstanding^  1) 

(1)  It  is  evident,  that  the  first  settlers  of  has  ever  been  considered,  that  the  rnar- 

this  country  considered  marriage  as  mere-  riage  was  valid,  and  that  the  magistrate  or 

Jy  a  civil  contract ;  for,  by  a  law  passed  minister  celebrating  it,  was  liable  to  a  pe- 

in  1640,  the  pawer  to  perform  the  mar-  nalty.     By  the  former  statute,  every  per- 

riage  ceremony  wa«  given  to  the  civil  ma-  son,  except  a  magistrate  or  ordained  min- 

gist rate  only.    In  1694,    it   was  given  10  ister,  was  prohibited  from  performing  the 

ordained  ministers,  as  well  as  magistrates,  marriage  ceremony  ;  and  a  question  hav- 

Though  the  s'alute  prohibits  the  joining  of  ing  been  frequently  agitated,  whether  a 

persons  in  marriasjo,  without  publishment,  marriage  by  any  other  person  was  valid, 

Rtul  in  case    of  minors,  without  the  con-  it  was  thought  best  to  remove  all  doubt, 

sent  of  their  parents  or  guardians,  yet  it  by  declaring  it  to  be  void. 


TITLE  65.     Masters  and  Servants. 

An  Act  relating  to  Masters  and  Servants. 
# 

1P&  E  it  enacted  by  the  Senate  and  House  ofRep- 
'    JO&  resentatwes  in  General  Assembly  convened, 
Who  may  bind  That  the  fathers  and  guardians  of  minors  may  bind  them. 
^)y  deed,  or  indenture,   as   apprentices,  to   learn  some 
trade  or  profession  ;  males  till  twenty-one,  and  females 
till  eighteen,  or  to  the  time  of  their  marriage  within  that 
age,  with  the  assent  of  such  minor,  expressed  in  the  in- 
denture,  by  subscribing  the  same  ;  which  binding  shall  be 
as  effectual  as  if  the  minor  was  of  full  age.(l ) 

(1)  In  the  revision  of  1672,  there  is  a  allowed  by  his  parent,  guardian  or  master, 

regulation,  that  no  person,  under  the  gov-  A  question  seems  to  have  arisen,  whether 

eminent  of  a  parent,  guardian,  or  master,  this  did   not  give  the  power  to  a  parent, 

.shall  be  capable  to  make  a  contract,  unless  guardian,  or  master,  to  enable  a  child  or 


Title  65.      Masters  and  Servants.  271 

2.  Minors  of  the  age  of  fourteen,  having  no  fa-  When  minors 
ther  or  guardian,  within  the  state,  may  bind  themselves  ™y  bind  t.1|em 
apprentices,  by  indenture,  with  the  approbation  of  the  *\\^*  aPP1Ln 
major  part  of  the  select-men  in  the  town. 

SECT.  3.  If  any  person  orpersons,  whohavehad  reliefer  When  select- 
supplies  from  any  town,  shall  suffer  their  children  to  ^"j/"^  l'' 
mispend  their  time,  and  live  in  idleness,  and  shall  neglect 
to  bring  them  up,  and  employ  them,  in  some  honest  cal- 
ling ;  or  if  there  shall  be,  at  any  time,  any  family  that 
cannot,  or  does  not,  provide  competently  for  their  chil- 
dren, whereby  they  are  exposed  to  want ;  or  if  there  be 
any  poor  children  in  any  town,  that  live  idly,  or  are  ex- 
posed to  want  and  distress,  and  there  are  none  take  care 
of  them  ;  it  shall  be  the  duty  of  the  select-men  of  such 
town,  and  they  are  hereby  empowered,  with  the  assent 
of  a  justice  of  the  peace,  to  bind  out  such  poor  children, 
belonging  to  such  town,  to  be  apprentices  to  some  proper 
masters,  to  be  instructed  in  some  suitable  trade,  calling, 
'or  profession  ;  males  till  the  age  of  twenty-one,  and  fe- 
males till  the  age  of  eighteen,  or  to  the  time  of  their  mar- 
riage within  that  age  ;  which  binding  shall  be  valid  and 
effectual  in  law. 

SECT.  4.  If  any  apprentice,  bound  by  indenture,  shall  Refractory 
refuse,  or  wilfully  neglect,  to  serve  as  an  apprentice,  ac-  |!ppreBll^!iti 
cording  to  the  terms  of  the  indenture  ;  or  shall  disobey 
the  lawful  commands,  or  resist  the  authority  of  his  mas- 
ter ;  or  shall  waste  or  destroy  his  property ;  or  be  guilty 
of  any  gross  misbehavior,  and  wilful  neglect  of  duty  ;  the 
master  may  make  complaint  to  any  two  justices  of  the 
peace  in  the  town  where  he  lives,  who  may  issue  a  war- 
rant, and  cause  such  apprentice  to  be  brought  before  them, 
and  enquire  into  the  truth  of  the  matters  complained  of, 
and  if  they  shall  find  such  apprentice  guilty,  they  may 
commit  him  to  the  house  of  correction,  or  if  there  be 
none,  to  the  common  gaol,  in  the  county,  there  to  be  con- 
fined at  hard  labor,  for  such  time  as  they  shall  think 
proper,  not  exceeding  thirty  days.  Provided  that  such  Proviso-,  as  to 

justices  may.   on  reformation,  order  such  apprentices  to  re}ease  from 

fj.  .       .  -c    ,,         prison ;    or  dit 

be  released  from  prison  ;  or,  such  justices  may,  it   tney  ciiar?e  from 

judge  it  best,  discharge  such  master  from  the  contract  of  apprenticeship 
apprenticeship,  and  all  obligation  to  perform  the  same, 

minor,  under  his  care,  to  make  contracts,  they  could  do  at  common  law.  As  no  in- 
in  Hie  same  manner  as  if  of  full  age.  To  convenience  has  resulted  from  the  eser- 
guard  against  this  construction,  in  the  re-  else  oftliis  power,  where  it  is  possessed  ; 
vision  of  1784,  a  further  provision  was  and  as,  in  many  cases,  it  may  he  necessa- 
made,  that  such  contract  should  be  ijind-  ry  ;  this  section  has  been  omitted,  and  mi- 
ing  on  the  parent,  guardian,  or  master,  nors  now  stand  on  the  footing  of  the  com- 
The  only  effect  of  this  clause  of  the  statute  mon  law,  as  to  their  capacity  of  making 
Xvas  to  deprive  minors  of  the  power  of  contracts, 
snaking  contracts  for  necessaries,  v.hk-h 


Title  65.     Masters  and  Servant*. 


Runaway  ap- 
prentices,  how 
to  be  brought 
back. 


How  to  pro- 
ceed when 
masters  abuse 
their  apprehti- 


Sinding  over. 


Trial  before 
county  court. 


Discharge 
from  service. 


Children  em- 
ployed in  fac- 
tories to  be 
taught  read- 
writing  and 
arithmetic. 


and  may  cancel  the  indenture ;  and  in  that  case,  Sucfr 
apprentice  may  be  bound  out  anew. 

SECT.  5.  Where  an  apprentice,  bound  by  indenture,  s*s- 
aforesaid,  shall  depart  from  the  service  of  his  master,  it 
shall  be  lawful  for  any  justice  of  the  peace;  on  complaint 
of  the  master,  to  issue  his  warrant  to  the  sheriff  or  con- 
stable, commanding  them  to  press  men,  if  necessary,  to 
pursue  such  apprentice,  and  bring  him  back  by  force,  at 
the  request  and  expense  of  the  master. 

SECf.  6.  It  shall  be  the  right  and  duty  of  the  parents, 
guardians,  and  of  the  select-men,  where  the  apprentices 
are  bound  by  them,  to  enquire  into  treatment  of  the  ap- 
prentices by  their  masters  ;  and  if  they  find,  that  the 
masters  are  guilty  of  any  personal  cruelty  or  abuse  ;  or 
refuse  to  provide  for  them  necessary  food  and  clothing ; 
or  neglect  to  instruct  them  in  the  trade  or  business,  to 
learn  which  they  are  bound  apprentices  ;  or  if  such  ap- 
prentices shall  flee  from  the  tyranny  and  cruelty  of  their 
masters,  to  the  houses  of  any  of  the  inhabitants  in  the 
same  town  ;  then,  in  either  of  the  above  cases,  such  pa- 
rents, guardians  or  select-men,  shall  make  complaint  to  a 
justice  of  the  peace  in  the  town,  who  shall  cause  such 
masters  and  apprentices  to  come  before  him,  and  re- 
concile them,  if  he  can,  and  if  he  cannot,  he  may,  ac- 
cording to  his  discretion,  bind  the  master  to  appear  at 
the  next  county  court,  and  also  the  apprentice,  or  give 
order  for  his  custody,  in  the  mean  time,  and  for  his  ap- 
pearance at  said  court ;  which  court  shall  have  power  to 
enquire  into  the  matters  complained  of,  and,  if  they  find 
the  master  has  been  guilty  df  personal  cruelty  and  abuse, 
has  refused  to  furnish  the  apprentice  necessary  food  and 
clothing,  or  has  neglected  to  instruct  him  in  his  trade  or 
business,  they  may  discharge  the  apprentice  from  the 
service  of  the  master,  and  cancel  the  indenture,  with  costs 
against  the  master,  and  award  execution  accordingly : 
but  if  the  complaint  shall  be  found  untrue,  and  without 
probable  cause,  the  court  shall  award  costs  to  the  master^ 
against  the  parent,  guardian  or  selectmen,  and  issue  ex- 
ecution for  the  same. 

SECT.  7;  The  president  and  directors  of  all  factories, 
which  now  are,  or  hereafter  shall  be,  legally  incorpora- 
ted, and  the  proprietor  or  proprietors  of  all  other  manu- 
facturing establishments  in  this  state,  shall  cause  that  the 
children  employed  in  such  factory  or  establishment, 
whether  bound  by  indenture,  by  parol  agreement,  or  in 
any  other  manner,  be  taught  to  read  and  write,  and  also, 
that  they  be  instructed  in  the  four  first  rules  of  arithmetic 
(provided  the  term  of  their  service  shall  be  of  so  long  du- 
ration that  Such  instruction  can  be  given,)  and  that  due 


Title  C5.    Masters  and  Servants.  273 

attention  be  paid  to  the  preservation  of  their  morals  ;  and 
that  they  be  required,  by  their  masters  or  employers, 
regularly  to  attend  public  worship. 

SECT.  8.  The  civil  authority  and  select-men  for  and  Board  of  visit- 
within  such  towns  in  which  such  factories  or  manufac-  ors' 
hiring  establishments,  do  or  may  exist,  or  a  committee  by 
them  appointed,  shall  be,  and  they  are  hereby  constitu- 
ted, a  board  of  visitors  ;  and  it  shall  be  the  duty  of  such  Their  duties 
board  of  visitors,  in  the  month  of  January,  annually,  or  at 
such  other  time  or  times  as  they  shall  appoint,  carefully 
to  examine,  and  to  ascertain  whether  the  requisitions  of 
this  act,  which  relate  to  the  instruction  and  the  preserva- 
tion of  the  morals  of  the  children  employed  as  aforesaid, 
be  duly  observed  :  and  if,  on  such  examination,  such 
board  of  visitors  shall  discover,  that  the  president  and  di- 
rectors of  any  incorporated  factory,  or  the  proprietor  or 
proprietors  of  any  manufacturing  establishment,  have 
neglected  to  perform  the  duties  en;oined  on  them  by  this 
act,  such  board  of  visitors  shall  report  such  neglect  to  the 
next  county  court  within  the  county  within  which  the 
same  shall  have  occurred  ;  and  thereupon,  such  county 
court  shall  cause  the  president  and  directors  of  such  in- 
corporated factory,  or  the  proprietor  or  proprietors  of 
such  manufacturing  establishment,  to  appear  before  such 
court,  to  answer  in  the  premises  ;  and  if,  on  due  enquiry, 
it  shall  be  found,  that  such  president  and  directors,  or  the 
proprietor  or  proprietors  of  such  establishment,  do  not 
duly  attend  to  the  education  of  the  children  by  them  re- 
spectively employed,  as  is  by  this  act  required  ;  or  that 
due  attention  is  not  paid  to  preserve  the  morals  of  such 
children  ;  it  shall  be  the  duty  of  such  court,  and  they  are  Power  of  the 
hereby  authorized,  at  their  discretion,  either  to  discharge  to  discharge 
the  indentures  or  contracts,  relating  to  such  minors,  and  indentures, 
by  which  they  may  be  bound  to  render  services  in  such  or  impose  fine 
establishments,  or  they  may  impose  such  fine  or  forfeit- 
ure on  the  proprietor  or  proprietors  of  such  establish- 
ment as  they  may  consider  just  and  reasonable  :  Provi- 
ded the  same  shall  not  exceed  the  sum  of  one  hundred 
dollars. 

SECT.  9.  If  any  person  shall  entice  and  eloigne  any  ap-  Pj®j"alt* 
prentice,  whether  bound  by  indenture  or  otherwise,  from  tjces 
the  service  and  employment  of  his  master,  he  shall  forfeit 
and  pay  to  the  person  or  persons  to  whom  such  appren- 
tice or  servant  was  bound  as  aforesaid,  not  exceeding  the 
sum  of  one  hundred  dollars,  to  be  recovered  before  any 
court  proper  to  try  the  same.     Provided,   that  nothing 
herein  contained  shall  be  construed  to  affect  the  right  of 
the  master  to  recover  just  damages  for  the  loss  of  the  ser- 
vice of  his  apprentice  or  servant. 


274 


Title  66.     Medical  Societies. 


abPsc3inCSt  SECT*  10'  If  anJ  servant  or  apprentice,  employed  in 
bVnable'for  °  any  incorporated  factory,  or  in  any  manufacturing  estab- 
damage,  after  lishment  as  aforesaid,  or  in  any  other  business,  shall,  with- 
full  age.  out  sufficient  cause,  abscond  from  the  service  of  his  mas- 

ter, such  servant  or  apprentice,  when  he  shall  arrive  at 
full  age,  shall  be  subjected  and  become  responsible  for  all 
the  damage,  which  may  have  been  sustained  by  his  for- 
mer master  or  employer,  in  consequence  of  his  abscond- 
ing as  aforesaid  ;  any  law  to  the  (iontra  ry  notwithstand1- 
ing. 


TITLE  66.     Medical  Societies. 


County  medic 
al  societies. 


Officers. 


Deleg 


afres. 


Connecticut 
medical  con- 
vention. 


Officers. 


An  Act  to  incorporate  Medical  Societies,  and  to 
establish  the  Medical  Institution  of  Yale-Col- 
lege. 


SECT.    1. 


E  it  enacted,  by  the  Senate  andllouse  of  Rep- 
resentatives,  in  General  Assembly  convened, 
That  the  physicians  and  surgeons  in  the  respective  coun«- 
ties  in  the  state,  ndw  members  of  the  county  meetings, 
and  all  physicians  and  surgeons,  who  shall  hereafter  be 
licensed  to  practise,  pursuant  to  the  provisions  of  this 
act,  shall  constitute  county  medical  societies  ;  and  they 
and  their  successors  shall  be  and  remain  bodies  politic 
and  corporate,  to  be  known  and  called  by  the  name  of 
the  several  counties  to  which  they  belong,  and  shall  an- 
nually meet,  on  the  third  Monday  in  April,  at  such  places 
as  heretofore  have  been,  or  hereafter  shall  be,  designated 
by  them,  and  may  adjourn  from  time  to  time,  as  they 
shall  judge  expedient.  Each  county  medical  society 
shall,  at  their  annual  meeting,  elect  a  chairman,  and 
clerk,  and  such  other  officers  as  they  may  find  necessary, 
to  manage  the  concerns  of  the  society  ;  and  shall  elect 
five  members  of  their  own  society,  except  the  counties  of 
Middlesex  and  Tolland,  and  in  those  counties,  three 
members,  each,  as  delegates  to  compose  a  convention  of 
said  societies.  Each  medical  society  shall  have  power 
to  adopt  such  regulations  as  they  may  think  proper,  to 
promote  medical  knowledge. 

SECT.  2.  The  delegates,  chosen  by  the  several  county 
medical  societies,  shall  meet,  on  the  second  Wednesday 
of  May,  annually,  at  such  place  as  has  been,  or  may 
hereafter  be,  designated  by  them,  twelve  of  whom  shall 
be  a  sufficient  number  to  transact  business ;  and  shall 
have  power  to  choose,  by  ballot,  a  president,  vice-presi- 
dent, secretary,  treasurer,  and  such  other  officers  as  they 


Title  6(1     Medical  Societies*  27  a 

may  think  proper  ;  and  being  so  formed,  shall  be  known 

and  called  by  the  name  of  The  President  and  Fellows  of 

the  Connecticut  Medical  Convention,  and  shall  hold  their 

offices  for  the  term  of  one  year.     And  said  convention  General  pow- 

shall  have  power  to  make  by-laws  to  promote  the  objects  erSl 

of  the  institution,  not  repugnant  to  the  laws  of  the  United 

States,  or  of  this   state  ;  to  expel  any  of  their  members 

for  misconduct ;  to  have  a  common  seal,  and  the  same  to 

alter  at  pleasure  ;  to  sue  and  be  sued,   as  a  corporate 

body,  relative  to  their  rights  and  interests  ;  to  lay  a  tax 

upon  the  members  of  the  county   medical  societies,  not 

exceeding  two   dollars  each,  to  be  collected  by  their 

clerks  ;  to  dispose  of  the  money  received,  by  taxes  or 

otherwise,  in  such  manner  as  they  may  think  proper,  to 

promote  the   design  of  the  institution  ;  to  purchase  and 

hold  property,  either  real  or  personal,  to  an  amount  not 

exceeding  one  hundred  thousand  dollars ;  and  to  manage 

and  dispose  of  the  same,  as  they  may  judge  best  for  the 

interest  of  the  institution. 

SECT.  3.  It  shall  be  the  dutv  of  the  several  members  of  P"1?  °/  mem- 
,.      ,  •    .•        .  •  f  i  •        ners  of  county 

the  county  medical  societies,  to  communicate  useful  in-  medical  socie- 

formation  to  such  societies,  at  their  meetings  ;  and  such  ties ; 
societies  shall  transmit  the  same  to  the  convention  :  and  Of  sucjj  socic. 
it  shall  be  the  duty  of  the  convention  to  cause  to  be  pub-  ties ; 
lished  all  cases,  experiments  and  observations,  respecting  anc|  Of  ^K  con. 
the  disease  of  the   county,  which  may  be  of  practical  vention. 
use. 

SECT.  4.  The  election  of  the  officers  of  the  medical  Who  are  eligi- 
convention  shall  not  be  confined  to  the  members  thereof,  ble  as  officers. 
but  may  be  from  any  of  the  medical  societies  ;  and  the 
officers  so  chosen  shall  become  members  of  the  medical 
convention.     The  president,  or  on  his  death,  or  in  his 
absence,  the  vice-president,  shall,  upon  any  special  oc-  Special  meet- 
casion,  have  power  to  call  a  meeting  of  the  convention,  ^p'  how  cal1' 
at  such  time  and  place  as  he  may  think  proper,  upon 
giving  twenty  day's  notice  in  two  gazettes,  published  in 
this  state. 

SECT.  5.  No  physician  or  surgeon,  who  has  commenced  Ur^""0s^rs 
practice  since  May  one  thousand  eight  hundred,  or  who  not  entitled  to 
shall  hereafter  commence  practice,  shall  be  entitled  by  recover  fees, 
law  to  recover  any  debt  or  fees  for  such  practice,  unless 
he  has  been  duly  licenced,  by  some  medical  society,  or 
college  of  physicians. 

SECT.  6.  If  any  of  the  members  of  the  county  medical  Payment  of 
societies  shall  neglect  or  refuse  to  pay  the  tax  or  taxes,  laxes  enforced 
laid  or  assessed,  or  which  may  be  laid  or  assessed,  accor- 
ding to  law,  by  the  medical  convention  of  this  state,  with- 
in six  months  after  such  tax  shall  become  due,  the  collec-  Cojjec(or  may 
tor  thereof  may  cause  a  suit  or  suits  to  be  instituted,  a-  sue  delinquent*. 


376 


Title  (515.     Medical  Societies. 


Compensation. 


Remedy 
against  delin- 
quent collect- 
ors of  taxes. 


The    medical 
institution  of 
Yale  College, 
declared  a  cor- 
poration. 


Professors. 


How  chusen. 


Cabinet  of  ana- 
tomical prepar- 
ations ; 

a  collection  of 
specimens  ; 
and  a  botanical 
garden,   to  be 
established. 

Qualifications 
of  medical  stu- 
dents forexam- 
ination  for  li- 
cense. 


gainst  such  delinquent  member,  in  the  name  of  the  presi- 
dentand  fellows  of  said  Convention,  before  any  court  pro- 
per to  try  the  same,  and  the  same  pursue  to  final  judg- 
ment. And  such  collector  shall  be  allowed,  and  shall 
receive,  a  compensation  of  five  per  centum,  on  all  mon- 
ies collected  by  him,  and  paid  into  the  treasury  of  such 
medical  convention. 

SECT.  7.  If  any  of  the  collectors  of  taxes  in  the  county 
medical  societies,  granted  by  the  Connecticut  medical 
convention,  shall  neglect  or  refuse  to  collect  the  tax, 
entrnsted  to  his  collection,  by  the  time  the  same  is  made 
payable,  or  having  collected  the  same,  shall  neglect  or 
refuse  to  pay  it  to  the  treasurer  of  the  medical  convention, 
such  treasurer  may  cause  a  suit  or  suits  to  be  instituted 
against  such  delinquent  collector,  in  the  name  of  the 
president  and  fellows  of  said  convention,  before  any  court 
proper  to  try  the  same,  and  the  same  to  pursue  to  filial 
judgment. 

SECT.  8.  The  medical  institution,  established  in  YuJe- 
Collcge,  pursuant  to  an  agreement  between  the  president 
and  fellows  of  the  medical  convention,  and  the  president 
and  fellows  of  Yale-College,  is  hereby  declared  to  be  a 
body  politic  and  corporate,  to  be  known  and  acknowl- 
edged by  the  name  of  The  Medical  Institution  of  Yale- 
College. 

SECT.  9.  The  institution  shall  include  &  complete 
course  of  medical  science,  to  consist  of  four  professors  ; 
the  first,  of  chemistry  and  pharmecy  ;  the  second,  of  the 
theory  and  practice  of  medicine  ;  the  third,  of  anatomy, 
surgery  and  midwifery ;  the  fourth,  of  materia  mcdica,  and 
botany.  And  there  shall  be  a  joint  committee,  of  an  equal 
number  of  persons,  appointed  by  the  medical  conven- 
tion and  the  corporation  of  Yale-College,  who  shall  make 
a  nomination,  from  which  nomination  the  aforesaid  pro- 
fessors shall  be  chosen  by  the  corporation. 

SECT.  10.  A  cabinet  of  anatomical  preparations,  inclu- 
ding all  things  usually  found  in  a  collection  of  this  nature; 
and  a  collection  of  specimens  in  the  materia  mcdica,  shall 
be  provided  ;  and  a  botanical  garden  shall  be  established., 
as  soon  as  the  funds  of  the  college  will  allow. 

SECT.  11.  Every  medical  student  shall  be  required  to 
attend  the  study  of  physic  and  surgery,  with  some  medical 
or  chirurgical  professor  or  practitioner,  of  respectable 
standing,  for  two  years.,  provided  he  shall  have  been 
graduated  at  some  college  ;  otherwise,  three  years  ;  and 
to  have  arrived  at  the  age  of  twenty-one  years.  And 
every  medical  student  shall  attend  one  course  of  each  of 
the  above  systems  of  lectures,  under  the  professors  of 
the  medical  institution  of  Yale-College,  or  some  other 


Title  66.     Medical  Societies.  ,  -J77 

medical  institution,  previous  to  his  being  admitted 
tp  an  examination  for  a  license  :  and  the  course  of  lec- 
tures he  is  required  to  attend,  may  be  included  within  the 
term  he  is  required  to  study.  Provided,  that  upon  the  Proviso,  as  to 

recommendation  of  the  county  medical  societies,  respect-  PrivlleScd  stu" 

...  f  \   dents, 

ively,  one  meritorious  and  necessitous  person  from  each 

county  shall  annually  be  allowed  the  privilege  of  attend- 
ing one  course  of  each  of  the  above  lectures,  gratis.  And 
if  any  of  the  county  medical  societies  should  fail  to  re- 
commend as  above,  the  medical  convention  may  till  up 
the  vacancy.  It  shall  be  the  duty  of  the  county  medical 
societies  to  report  to  the  medical  convention  of  the  state, 
the  names  of  the  persons,  whom  they  shall  agree  to  rec- 
ommend ;  and  the  president  of  said  convention  shall  trans- 
mit said  names,  together  with  such  as  the  medical  con- 
vention may  add,  agreeably  to  the  above  provision,  to  the 
medical  professors  of  Yale-College.  And  the  price  of  Price  of  ticket 
the  ticket,  for  the  whole  of  the  above  course  of  lectures,  limited, 
shall  not  exceed  fifty  dollars. 

SECT.  12.  The  committee  of  examination  for  the  prac-  Committee  of 
ticc  of  physic  and  surgery,  shall  consist  of  the  professors  exatmnatloIK 
of  the  medical  institution,  and  an  equal  number  of  the 
members  of  the  medical  societies,  appointed  by  the  med- 
ical convention  ;  and  the  president  of  the  medical  con- 
vention shall,  ex  officio,  be  president  of  the  examining 
committee,  with  a  vote  at  all  times,  and  a  casting  vote, 
when  the  votes  are  equal :  and  in  case  of  the  absence  of 
the  president,  a  president  pro  tompore  shall  be  appointed, 
by  the  members  of  the  examining  committee,  appointed 
by  the  medical  convention,  with  the  same  powers  ;  which 
committee,  or  a  majority  of  them,  shall  possess  the  pow- 
er, and  they   only,   of  examining  for    a  license.        All  Licences,  by 
licenses,  granted  by  the  examining  committee,  to  practice  whom  signed, 
physic  or  surgery,  shall  be  signed  by  the  president  of  the 
medical  society,  and  countersigned  by  the  clerk  of  the 
examining  committee  :  all  degrees  for  doctor  of  medi-  Degrees, 
cine,  shall  be  signed  by  the  president  of  Yale-College,  and 
countersigned  by  the  clerk  of  the  examining  committee  : 
and  all  licenses  and  diplomas,  heretofore  countersigned  Former  -Kcen- 
by  the  secretary  or  clerk  of  the  examining  committee,  ces  va 
shall  be  valid,  and  have  the  same  effect  as  if  they  had 
been  signed  by  the  examining  committee  :  and  the  fees  Fees  for  licen- 
or  perquisites  for  admitting  or  licensing  any  candidate  to  sing  c< 
practise  physic  or  surgery,  shall  not  exceed  four  dollars, 
which  shall  be  paid  to  the  treasurer  of  the  medical  con- 
vention, for  the  benefit  of  the  same.  Qualifications 

SECT.  1 3.     Each  candidate  for  the  degree  of  doctor  of  of  candidates 
medicine,  shall  be  required  to  attend  two  courses  of  the  0°rr doctor  of^ 
&bov  e  systems  of  lectures,  at  the  medical  institution  of  medicine 

37 


278  Title  67.     Meetings. 

Yale-College,  or  at  some  other  public  medical  institution, 
where  a  similar  course  of  public  instruction  is  pursued  ; 
which  degree,  upon  the  recommendation  of  the  commit- 
tee of  examination,  shall  be  conferred  by  the  president  of 
the  college,  and  the  diploma  signed  by  him,  and  counter- 
signed by  the  committee,  or  the  majority  of  them.     And 
Honorary  de-    the  president  of  the  college  shall  have  power  to  confer 
Srees-  such  honorary  degrees  upon  those  persons  whom  the 

medical  convention  shall  recommend,  as  deserving  of  so 
distinguished  a  mark  of  respect. 

Examination.  SECT.  14.  For  the  accommodation,  both  of  the  students 
and  of  the  committee,  there  shall  be  but  one  examination 
a  year,  which  shall  be  immediately  after  the  close  of  the 
courses  of  lectures.  When  a  candidate  is  prevented,  by 
sickness,  he  may  be  examined  by  the  medical  professors 
at  college  ;  and  such  examination,  with  their  certificate 
thereof,  shall  entitle  him  to  the  same  privileges  as  though 
his  examination  had  been  by  said  committee. 

Privilegepf stu-  SECT.  1 5.  All  medical  students,  who  shall  have  attend- 
at^cnded^two  e<^  two  courses  of  lectures  in  the  medical  institution, 
courses.  shall  have  the  privilege  of  attending  all  future  courses, 

Licensed  prnc-  gratis.  And  all  persons  licensed  to  practise  physic  or 
titionprs,  mem-  surgery,  agreeably  to  the  foregoing  provisions,  shall,  of 
course,  be  members  of  the  medical  society  in  the  county 
in  which  they  reside. 


TITLE  67.    Meetings. 
CHAP.  I. 

An  Act  to  preserve  Order  in  the  Meetings  of 
Towns  and  other  Communities. 

[BE  it  enacted  bu  the  Senate  and  House  ofRep- 

SECT     1         H""m  • 

JLP  resentativesin  General  Assembly  convened, 

Disturbance  in  That  all  towns,  societies,  and  other  communities,  when 
mmished  lawfully  assembled,  shall  have  power  to  choose  a  mode- 
rator,  to  preside  in  said  meetings :  and  if  any  person  or 
persons  shall,  by  noise,  tumult,  quarrelling,  or  by  any  oth- 
er unlawful  act,  disturb  such  meeting  ;  or  prevent  them 
from  proceeding,  in  an  orderly  and  peaceable  manner, 
to  the  choice  of  a  moderator  ;  or,  after  the  choice  of  a 
moderator,  shall  vilify  or  abuse  him,  or  interrupt  him  in 
the  discharge  of  his  duty;  or,  after  he  has  commanded  si- 
lence, shall  speak  in  the  meeting,  without  liberty  from 
the  moderator,  unless  it  be  to  ask  reasonable  liberty  to 
speak ;  he  or  they  shall  forfeit  and  pay  to  the  treasury  of 


Title  67.     Meetings.  279 

the  town  where  the  offence  is  committed,  a  sura  not  less 
than  one  dollar,  nor  more  than  seven  dollars,  according 
td  the  nature  of  the  offence. 

SECT.  2.  All  offences   against  this  act  may  be  heard  Aggravated  of- 
and  determined,  by  a  juslice  of  the  peace,  unless  aggra-  fences- 
vated  by  some  high-handed  breach  of  the  peace  ;  in  which 
*  case  the  offender  shall  be  bound,  by  such  justice  of  the 
peace,  to  the  next  county  court,  to  answer  for  the  offence; 
which  court  may  impose  a  fine  upon  him,  according  to 
the  aggravation  of  the  offence,  not  exceeding  thirty-four 
dollars,  to  the  use  of  the  treasury  of  such  county. 

SECT.  3.  The  moderator  of  such  meetings,  and  the  pre-  Moderator  may 
aiding  officer  in  electors'  meetings,  whenever  any  disor-  ?^*y  ^f™™ 
tiers  are  committed  in  the  meeting,  punishable  by  law,  turbance  into 
and  the  offender  or  offenders  shall  refuse  to  submit  to  his  custody, 
lawful  authority,  shall  have  power  to  order  any  sheriff", 
deputy-sheriff,  or  constable,  to  take  the  offender  or  of- 
fenders into  custody,  and,  if  necessary,  to  remove  him  or 
'them  out  of  such  meeting,  until  he  or  they  shall  conform 
to  order,  or,  if  need  be,  until  such  meeting  be  closed  :  and  Poworof  offi 
thereupon,  such  officer  shall  have  power  to  command  all 
necessary  assistance,  as  in  cases  of  preserving  the  peace 
and  suppressing  riots :  and  any  person  refusing  to  assist, 
when  commanded,  shall  be  liable  to  the  same  penalties 
as  refusing  to  assist  sheriffs  and  constables  in  the  exe- 
cution of  their  offices :  provided,  that  no  person  com- 
rnanded  to  assist  shall  be  deprived  of  his  right  to  act  in 
the  meetings,  nor  the  offenders,  any  longer  than  they  re- 
fuse to  conform  to  order. 

SECT>  4.  All  questions  in  such  meetings  shall  be  deci-  All  ouestions  to 
•ded  by  a  major  vote  of  the  qualified  members,  present ; 
and  whenever  there  shall  be  an  equi-vote,  the  question 
shall  be  decided  by  the  moderator. 


CHAP.  II, 

An  Act  to  prevent  the  disturbance  of  Religious 
Meetings. 

£l'J  enacted  by  the  senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
That  no  person  or  persons  shall  keep  any  huckster's  shop.  Sale  of  spirit- 
booth,  tent,  waggon,  or  other  carriage,  for  the  sale  of  J3JJit"juJJJJS5J 
spiritous  or  other  liquors,  or  any  article  of  provisions;  t^0'  ^j|es'  ^'f 
whatever,  or  sell,  or  expose  to  sale,  in  such  huckster's  religious  meet 
shop,  booth,  tent,  waggon,  carriage,  or  in  any  other  way,  ings  in  the  fi 
any  spiritous  or  other  liquors,  or  any  articles  of  provision, 


Title  68.     MiKtia. 


limitation. 


Penalty  for 
breach  of  this 
act. 


Informing  offi 
cers,  upon 
view,  without 
warrant,  to  ap 
prehend  oflen 
ders. 

Process  there- 
orf. 


whatever,  within  the  distance  of  two  miles  from  any  piifr- 
lie  assembly,  convened  for  religious  worship  in  the  field". 
Provided,  that  nothing  herein  contained,  shall  prevent  the 
sale  of  spiritous  or  other  liquors,  or  provisions,  by  any 
person  or  persons,  at  his  or  their  store  or  dwelling-house, 
who  shall  be  licensed  according  to  law  to  retail  spiritous 
liquors. 

SECT.  2.  Any  person  or  persons,  who  shall  be  guilty 
of  a  breach  of  this  act,  shall  forfeit  and  pay,  for  every 
such  offence,  a  fine  of  seven  dollars,  to  the  use  of  the 
treasury  of  the  town  where  such  offence  is  committed  ; 
and  it  shall  be  the  duty  of  grand-jurors  to  make  due  pre- 
sentment of  all  breaches  of  this  act. 

SECT.  3.  It  shall  be  the  duty  of  all  sheriffs,  constables, 
grand-jurors,  or  tything-men,  upon  view,  without  war- 
\  rant,  to  apprehend  every  person  so  offending,  and  him  or 
them  to  carry  before  the  next  justice  of  the  peace,  that  he 
or  they  may  be  dealt  with  according  to  law.  And  the  jus- 
tice of  the  peace,  before  whom  such  person  or  persons  are 
brought,  shall,  on  the  oath  of  the  officer  apprehending 
him  or  them,  issue  a  warrant,  and  cause  him  or  them  ta 
be  arrested,  and  proceed  to  a  hearing  and  trial  of  such 
matter  of  complaint,  in  due  course  of  law. 


TITLE  68.    Militfo. 


Act  of  con- 


An  Act  for  forming  and  conducting  the  Military 
Force. 

Whereas  the  Congress  of  the  United  States  did,  on  the 
eighth  day  of  May,  in  the  year  one  thousand  seven  hun- 
dred and  ninety-two,  pass  an  act,  entitled  "  An  act 
more  effectually  to  provide  for  the  national  defence,  by 
establishing  an  uniform  militia;  throughout  the  United 
States,"  and  on  the  twelfth  of  May,  one  thousand  eight 
hundred  and  twenty,  passed  an  additional  act,  which 
first  mentioned  act,  as  altered  by  said  addditional  act, 
is  in  the  words  following,  to  wit  :  — 


SECT.  i. 


What  persons 
to  be  enrolled 


^  ^nactea  %  the  Senate  and  House  of  Rep- 
resentatives  of  the  United  Slates  of  dmeri-- 
ca,  in  Congress  assembled,  That  each  and  every  free,  able 
bodied  white  male  citizen  of  the  respective  states,  resi-< 
dent  therein,  who  is  or  shall  be  of  the  age  of  eighteen 
years,  and  under  the  age  of  forty-five  years,  (except  as  is 
hereinafter  excepted,)  shall,  severally  and  respectively, 
and  by  whom.'  be  enrolled  in  the  militia,  by  the  captain,  or  commanding 


Title  68.     Militia.  28 1 

officer  of  the  company,  within  whose  bounds  such  citizen 
shall  reside,  and  that  within  twelve  months  after  the  pass- 
ing of  this  act.     And  it  shall,  at  all  times  hereafter,  be 
the  duty  of  every  such  captain  or  commanding  officer  of 
a  company,  to  enrol  every  such  citizen,  as  aforesaid,  and 
also  those  who  shall,  from  time  to  time,  arrive  at  the  age 
1  of  eighteen  years,  or  being  of  the  age   of  eighteen  years 
.and  under  the  age  of  forty-live  years,  (except  as  before 
excepted.)  shall  come  to  reside  within  his  bounds  ;  and 
-hall,  without  delay,  notify  such  citizen  of  the  said  enrol-  Notice  of  en 
inent,  by  a  proper  non-commissioned  officer  of  the  com-  r?llment  to  be 
pany,  by  whom  such  notice  may  be  proved.     That  every  G' 
citizen  so  enrolled  and  notified,  shall,  within  six  months 
thereafter,  provide  himself  with  a  good  musket,  or  lire-  Arms  and  ac- 
lock,  a  sufficient  bayonet  and  belt,  two  spare  Hints,  and  a  coutrei»en^ 
knapsack,  a  pouch,  with  a  box  therein  to  contain  not  less 
than  twenty-four  cartridges,  suited  to  the  bore  of  his  mus- 
ket or  firelock,  each  cartridge  to  contain  a  proper  quan- 
tity of  powder  and  ball ;  or,  with  a  good  rifle,  knapsack, 
shot-ponch,  and  powder-horn,  twenty  balls  suited  to  the 
bore  of  his  rifle,  and  a  quarter  of  a  pound  of  powder  ;  and 
shall  appear,  so  armed,  accoutred,  and  provided,  when 
called  out  to  exercise,  or  into  service  ;  except,  that  when 
called  out,  on  company  days,  to  exercise  only,  he  may  ap- 
pear without  a  knapsack.     That  the  commissioned  offi-  Commissioned 
cers,  shall,  severally,  be  armed  with  a  sword  or  hanger,  °ffice!js>  how 
and  espontoon  ;  and  that,  from  and  after  five  years  from 
the  passing  of  this  act,  all  muskets  for  arming  the  militia, 

as  herein  required,  shall  be  of  bores  sufficient  for  balls  of 

V  c 

the  eighteenth  part  ot  a  pound.     And  every  citizen  so  en- 
rolled, and  providing  himself  with  the  arms^  ammunition,  Arms,  &c.  ta 

and  accoutrements,  required  as  aforesaid,  shall  hold  the  I? e  exempt 

L   j  c  ,.  ,  from  execu- 

same  exempted  from  all  suits,  distresses,  executions,  or  tion. 

sales,  for  debt,  or  for  the  payment  of  taxes. 

SECT.  2.  And  be  it  further  enacted,  That  the  vice-pre-  Persons  et- 
sident  of  the  United  States  j  the  officers,  judicial  and  ex- 
ecutive,  of  the  government  of  the  United  States  ;  the 
members  of  both  houses  of  congress,  and  their  respective 
•officers  ;  all  custom-house  officers,  with  their  clerks  ;  all 
post-officers,  and  stage  drivers,  who  are  employed  in  the 
care  and  conveyance  of  the  mail  of  the  post-office  of  the 
United  States  ;  all  ferry-men  employed  at  any  ferry  on 
the  post  road  ;  all  inspectors  of  exports  ;  all  pilots  ;  all 
Hiariners,  actually  employed  in  the  sea  service  of  any 
citizen  or  merchant  within  the  United  States  ;  and  all 
persons  who  now  are,  or  may  hereafter  be,  exempted  by 
the  laws  of  the  respective  states,  shall  be,  and  are  here- 
by, exempted  from  militia  duty>  notwithstanding  their  be* 


Title  68.     Militia, 

ing  above  the  age  of  eighteen,  and  under  the  age  of  forty* 
five  years. 

Militia,  how  to      SECT.  3.   And  be  it  further  enacted.  That  within  one 
rrranged.     year  after  ^  pasging  of  tnis  act?  the  miiitia  of  the  re- 

spective states,  shall  be  arranged  into  divisions,  brigades, 
regiments,  battallions,  and  companies,  as  the  legislature 
of  each  state  shall  direct  ;  and  each  division,  brigade,  and 
regiment,  shall  be  numbered  at  the  formation  thereof,  and 

Rank,  how  de^  a  record  made  of  such  numbers  in  the  adjutant-gen 
eral's  office  in  the  state  ;  and  when  in  the  field,  or  in 
service  in  the  state,  each  division,  brigade  and  regiment, 
shall,  respectively,  take  rank  according  to  their  numbers, 
reckoning  the  first  or  lowest  number,  highest  in  rank  ; 
that,  if  the  same  be  convenient,  each  brigade  shall  con^ 
sist  of  four  regiments,  each  regiment  of  two  battalion?, 
each  battalion  of  five  companies,  each  company  of  sixty  - 
four  Privates  '•  That  the  said  militia  shall  be  officered,  by 
the  respective  states,  as  follows  :  to  each  division,  one 
major-general,  and  two  aids-de-camp,  with  the  rank  of 
major;  to  each  brigade,  one  brigadier-general,  with  one 
brigade-inspector,  to  serve  also  as  brigade-major,  with 
the  rank  of  a  major  ;  to  each  regiment,  one  lieutenant- 
colonel  commandant  ;  and  to  each  battalion,  one  major  ; 
to  each  company,  one  captain,  one  lieutenant,  one  ensign, 
four  sergeants,  four  corporals,  one  drummer,  and  one 

Regimental  fifer  or  bugler  ;  That  there  shall  be  a  regimental  staff,  to 
consist  of  one  adjutant,  and  one  quarter-master,  to  rank 
as  lieutenants  ;  one  pay-master  ;  one  surgeon,  and  one 
surgeon's  mate  ;  one  sergeant-major  ;  one  drum-major  ; 
and  one  fife-major* 

^Grenadiers,  Sic.  SECT.  4.  And  beit  further  enacted,  That  out  of  the  mi- 
litia enrolled  as  is  herein  directed,  there  shall  be  formed, 
for  each  battalion,  at  least  one  company  of  grenadiers, 
light-infantry  or  rifle-men  ;  and  that  to  each  division, 

Artillery,  &c.     there  shall  be,  at  least,  one  company  of  artillery,  and  one 

ancUrmeT"  troop  of  horse.  There  shall  be  to  each  company  of  ar* 
tillery,  one  captain,  two  lieutenants,  four  sergeants,  four 
corporals,  six  gunners,  six  bombardiers,  one  drummeif 
and  one  fifer  ;  the  officers  to  be  armed  with  a  sword  or 
hanger,  a  fusee,  bayonet  and  belt,  with  a  cartridge  box,  to 
contain  twelve  cartridges  ;  and  each  private  or  matrosS) 
shall  furnish  himself  with  all  the  equipments  of  a  private 
in  the  infantry,  until  proper  ordnance  and  field  artillery 

troop  of  horsfr,  Js  provided.     There  shall  be  to  each  troop  of  horse,  one 


equipped.  cStp^in,  two  lieutenants,  one  cornet,  four  sergeants,  four 
corporals,  one  saddler,  one  farrier,  and  one  trumpeter  ; 
the  commissioned  officers  to  furnish  themselves  with  good 
horses,  of  at  least  fourteen  hands  and  an  half  high,  and 
to  be  armed  with  a  sword  and  pair  of  pistols,  the  hoi- 


Title  68.     Mihtia.  283 

aters  of  which  to  be  covered  with  bear-skin  caps  ;  each 
dragoon  to  furnish  himself  with  a  serviceable  horse,  at 
least  fourteen  hands  and  an  half  high,  a  good  saddle, 
bridle,  mail-pillion  and  valice,  holsters,  and  a  breast-plate 
and  crupper,  a  pair  of  boots  and  spurs,  a  pair  of  pistols, 
a  sabre,  and  a  cartouch-box,  to  contain  twelve  cartridges 

for  pistols  :  That  each  company  of  artillery,  and  troop  of  Artlllery  {""* 

i     n  i_     c  f  !L          P         i.     i_   •      i        .   troops  of  horse, 

horse,  shall  be  lormed  ot  volunteers  irom  the  brigade,  at  Of  whom  to 

the  discretion  of  the  commander  in  chief  of  the  state,  not  be  formed. 

exceeding  one  company  of  each  to  a  regiment,  nor  more 

in  number  than  one  eleventh  part  of  the  infantry,  and 

shall  be  uniformly  clothed  in  regimentals,  to  be  furnish-  To'be  clothed 

ed  at  their  own  expense,  the  colour  and  fashion  to  be  de-  to  uniform. 

termined  by  the  brigadier,  commanding  the  brigade  to 

which  they  belong. 

SECT.  5.  And  be  it  further  enacted,  That  each  battalion  Colours, 
and  regiment  shall  be  provided  with  the  state  and  regi- 
mental colours,  by  the  field  officers  :  and  each  company,  , 

.,,        i  i  X />  111  1,1  .*  .   •     Drum  and  fife, 

with  a  drum  and  rue,  or  bugle-horn,  by  the  commission*  or  bugle-horn 

ed  officers  of  the  company ;  in  such  manner  as  the  legis- 
lature of  the  respective  states  shall  direct. 

SECT.  6.  And  be  it  further  enacted,  That  there  shall  be  Adjutant-gen- 
an  adjutant-general  appointed  in  each  state,  whose  duty  eral- 
it  shall  be,  to  distribute  all  orders  from  the  commander  in  His  duty, 
chief  of  the  state,  to  the  several  corps ;  to  attend  all  public 
reviews,  when  the  commander  in  chief  of  the  state  shall 
review  the  militia,  or  any  part  thereof ;  to  obey  all  orders 
from  him,  relative  to  carrying  into  execution  and  per- 
fecting the  system  of  military  discipline  established  by 
this  act ;  to  furnish  blank  forms  of  different  returns  that 
may  be  required,  and  to  explain  the  principles  on  which 
they  should  be  made  ;  to  receive  from  the  several  officers 
of  the  different  corps  throughout  the  state,  returns  of 
the  militia  under  their  command,  reporting  the  actual 
situation  of  their  arms,  accoutrements,  and  ammunition, 
their  delinquencies,  and  every  other  thing  which  relates 
to  the  general  advancement  of  good  order  and  discipline  : 
All  which,  the  several  officers  of  the  divisions,  brigades, 
regiments  and  battalions,  are  hereby  required  to  make, 
in  the  usual  manner,  so  that  the  said  adjutant-general  may 
be  duly  furnished  therewith  ;  from  all  which  returns  he 
shall  make  proper  abstracts,  and  lay  the  same,  annually, 
before  the  commander  in  chief  of  the  state. 

SECT.  7.  And  be  it  further  enacted,  That  the  system  of  R(^«s  of  di5< 
discipline  and  field  exercise,  which  is  and  shall  be  ordered  p 
to  be  observed  by  the  regular  army  of  the  United  States, 
in  the  different  corps  of  infantry,  artillery,  and  rifle-men, 
shall  also  be  observed  by  the  militia,  in  the  exercise  and 
discipline  of  the  said  corps,  respectively,  throughout  tbr 


584 


Title  tit).     Mililtu. 


Duty  of  com- 
manding offi- 
cer in  relation 
thereto. 

Officers,  how 
to  take  rank. 


Provision  for 
the  wouflded, 
or  disabled. 


Brigade-inspec 
tor's  duty: 


Adjutant-gen- 
eral to   make 
duplicate  re- 
turns. 

Corps  of  artil- 
lery, cavalry, 
&,c.  now  exist- 
ing* 

to  retain  their 

accustomed 

privileges. 


United  Slates,  excepting  such  deviations  i'ruin  the  said 
rules  as  may  be  rendered  necessary  by  the  requisitions 
of  this  act,  or  by  some  other  unavoidable  circumstance;. 
It  shall  be  the  duty  of  the  commanding  officer,  at  every 
muster,  whether  by  battalion,  regiment,  or  single  compa- 
ny, to  cause  the  militia  to  be  exercised  and  trained, 
agreeably  to  said  rules  of  discipline. 

SECT.  8.  And  be  it  further  enacted,  That  all  commis- 
sioned officers  shall  take  rank  according  to  the  date  o{ 
their  commissions  ;  and  when  two  of  the  same  grade  bear 
an  equal  date,  then  their  rank  to  be  determined  by  lot. 
to  be  drawn  by  them  before  the  commanding  officer  of 
the  brigade,  regiment,  battalion,  company  or  detach- 
ment. 

SECT.  9.  Andbtit  further  enacted,  That  if  any  person, 
whether  officer  or  soldier,  belonging  to  the  militia  of  any 
state,  and  called  out  into  the  service  of  the  United 
States,  be  wounded  or  disabled,  while  in  actual  service, 
he  shall  be  taken  care  of,  and  provided  for,  at  the  public 
expense. 

SECT.  10.  And  be  it  further  enacted.  That  it  shall  be 
the  duty  of  the  brigade-inspector  to  attend  the  regimen- 
tal and  battalion  meetings  of  the  militia,  composing  their 
several  brigades,  during  the  time  of  their  being  under 
arms,  to  inspect  their  arms,  ammunition  and  accoutre- 
ments, superintend  their  exercise  and  manoeuvres,  and 
introduce  the  system  of  military  discipline  before  de- 
scribed, throughout  the  brigade,  agreeably  to  law  ;  and 
such  orders  as  they  shall  from  time  to  time  receive  from 
the  commander  in  chief  of  the  state  ;  to  make  returns  to 
the  adjutant-general  of  the  state,  at  least  once  in  every 
year,  of  the  militia  of  the  brigade  to  which  he  belongs  ; 
reporting  therein  the  actual  situation  of  the  arms,  accou- 
trements, and  ammunition,  of  the  several  corps,  and  ev- 
every  other  thing,  which,  in  his  judgment,  may  relate  to 
their  government  and  the  general  advancement  of  good 
order  and  military  discipline  ;  and  the  adjutant-general 
shall  make  a  return  of  all  the  militia  of  the  state,  to  the 
commander  in  chief  of  the  said  state,  and  a  duplicate  of 
the  same  to  the  president  of  the  United  States.  And 
whereas  sundry  corps  of  artillery,  cavalry,  and  infantry, 
now  exist  in  several  of  said  states,  which,  by  the  laws, 
customs,  or  usages  thereof,  have  not  been  incorporated^ 
with,  or  subject  to,  the  general  regulations  of  the  militia : 

SECT.  11.  Be  it  further  enacted,  That  such  corps  retain 
their  accustomed  privileges,  subject,  nevertheless,  to  all 
other  duties  required  by  this  act,  in  like  manner  with  the 
other  militin. 


Title  68.     -Militia.  '286 

,\'ou\  therefore,  to  carry  the  same  into  execution,  agreeably 
to  the  requirements  thereof : — 

~H  "ft  E  it  enacted  bu  the  Senate  and  House  of  Reo- 

}ECT.    1.     Bis  t    A>  •     r<  11  17  *i 

JUP  resentatvces^.in  Ijre.ncral  Assembly  convened, 
That  every  free,  able-bodied  white  male  citizen  of  this  *lilit'a>  ot 
state,  or  resident  therein,  who  is  or  shall  be  of  the  age  of  ^° 
eighteen,  and  under  the  age  of  forty-five  years,  except  as 
is  therein  specially  excepted  ;  excepting,  also,  members  Personsexemp 
of  the  senate,  and  of  the  house   of  representatives,  for  ted  [j'om  m!lh 
the  time  being  ;  the   state  treasurer,  secretary  and  comp-   ary 
troller;  justices  of  the   peace;  licensed  physicians  and 
surgeons,  while  they  continue  in  practice  ;  general  and 
field  officers,  honorably  discharged ;  commissioned   and 
staff  officers,  who  have  been  honorably  discharged,  hav- 
ing served  in  the  office  from  which  they  shall   have  been 
discharged,  five   years,  or  having  held  commissions  or 
warrants,  as  staff  officers,  eight  years  ;  and  commissioned 
and  staff  officers,  holding  commissions  under  this  state, 
who  have  been,  or  shall  be,  honorably  discharged,   in 
consequence  of  their  term  of  service  .having  expired,  or 
in  consequence  of  a  reorganization  of  the  militia  ;  the 
members  of  all  fire  companies,  enlisted  in  any  city,  bor- 
ough or  town  in  this  state,   while  belonging  to  and  do- 
ing duty  in  such  company  ;  ministers  of  the  gospel  ;  the 
president,    professors    and     tutors    of    Yale-College  : 
graduates     residing    in     New-Haven,    subject    to    the 
laws,  and  under  the  instruction  of  the  officers  of  the 
college,  until  the  time  of  their  taking  their  second  de- 
gree, and  students  until  the  time  of  their  taking  their  first 
degree  ;  and  all  persons,  not  inhabitants  of  this  state,  who 
shall  come  to  reside  in  this  state,  for  the  purpose  of  quali- 
fying themselves  for  collegiate  education,  or  for  entering 
into  either  of  the  learned  professions,  while  they  shall 

Continue  under  the  care  of  their  respective  instructors, 

j.        ,  i     n  ,  ii    j  •  A  soldier  once 

not  exceeding  two  years  ;  shall  be  enrolled  m  companies  enro||ed;  after- 

as  therein  directed  ;  and  a  soldier,  once  enrolled  in  any  wards  remov- 
company  having  had  six  months'  notice  to  equip  himself,  ["?>  to  b*^~ 
and  afterwards  moving  into  the  limits  of  any  other  com-  ^    i^medi- 
pany,  shall  be  subject  to  military  duty,  in  the  company  ately. 
where  he  resides,  immediately  upon  being  warned.    And  Exempts  join- 
all  persons  who   are,   or  hereafter  shall  be,  by  law,  ex-  ing  a  military 
cmpted  from  performing  military  duty,  who  shall  volun-  l^^fc*0^. 
•  arily  join,  and  become  members  of  any  military  compa-  j^to  military 
ny,  shall,   thereafter,   be  and  remain  liable  to  perform  duty. 
such  duty,  in  the  same  manner,  and  for  the  same  period, 
as  if  they  had  never  been  exempted  therefrom.  Tavera-keep- 

SECT.  2.  All  tavern-keepers,  keepers  of  boarding- hous-  erg)  &c.  to  give 
es,  or  persons  who  keep  boarders,  upon  their  being  there-  « true 


286  Title  68.     Militia. 

of  their  board-  to  required,  by  the  commander  of  the  militia  company, 
within  the  limits  of  which  they  reside,  shall  give  to  such 
commander,  a  true  account  of  all  persons  boarding  or 
lodging  with  him.  her  or  them,  and  their  names,  if  known, 
to  the  end  that  all  such  persons  as  are  liable  to  do  mili- 
Penaliy.  tary  duty,  may  be  enrolled  according  to  law  ;  under  the 

penalty  of  twenty  dollars,  to  be  recovered  of  such  tav- 
ern-keeper, keeper  of  a  boarding-house,  or  a  person  keep- 
Informing  offi-  jng  boarders,  for  the  use  of  this  state.     And  it  shall  be 
breaches."6    "  the  duty  of  all  informing  officers,  to  make  due  present- 
ment of  all  breaches  of  this  section. 

Enrollment  of  SECT.  3.  Any  able-bodied,  free,  white,  male  citizen  res- 
t  ween3 16°  d  ^cnt  *n  ^s  statc>  of  the  age  of  sixteen  years,  and  under 
18  years.  the  age  °f  eighteen  years,  with  the  consent  in  writing  of 

the  parent,  guardian  or  master,  under  whose  care  and 
direction  he  shall  be,  may  offer  himself  to  the  comman- 
der of  the  company,  within  the  limits  of  which  he  resides, 
to  be  enrolled  ;  and  upon  his  providing  himself,  within 
six  months  thereafter,  with  arms  and  accoutrements,  and 
dressing  in  uniform,  he  shall  be  considered  as  belonging 
to  the  militia,  and  shall  be  entitled  to  all  the  privileges 
and  immunities,  to  which  the  rest  of  the  militia  are  enti- 
tled, and  be  subject  to  all  the  pains  and  penalties,  to  which 
p  .  they  are  subject.  But  such  minor  shall  not  be  entitled 

to  six  months  notice,  allowed  by  act  of  congress,  for  arm- 
ing and  equipping  himself,  after  he  shall  arrive  at  the  age 
of  eighteen  years ;  nor  shall  he  be  liable  to  any  draft,  or 
other  call  of  the  United   States,  for  actual  service,  until 
he  shall  have  arrived  at  the  age  when  he  becomes  liable 
to  do  jnilitary  duty,  according  to  said  act  of  congress. 
\\   Organization  of      SECT.  4.  The  militia,  enrolled  as  aforesaid,  shall  be 
the  militia.        formed  and  organized  as  follows  :  there  shall  be  three  di- 
visions of  infantry,  each  to  consist  of  two  brigades  ;  each 
brigade  of  four  regiments  ;  each  regiment  of  two  battal- 
ions ;  each  battalion  of  five   companies,  including  one 
company  of  grenadiers  or  light  infantry  ;  and  each  com- 
pany to  consist  of  sixty-four  privates.     There  shall  be 
cavalry  ;  five  regiments  of  cavalry,  each  regiment  to  be  annexed 

to  the  brigade  of  infantry,  as  is  or  shall  be  designated  by 
the  captain-general ;  and  each  regiment  to  consist  of  four 
troops,  and  each  troop  of  forty-four  privates.  There  shall 
artillery;  be  a  brigade  of  artillery,  to  consist  of  three  regiments  of 
light-artillery,  and  two  regiments  of  horse-artillery ;  each 
regiment  of  light-artillery,  shall  consist  of  three  battalions, 
each  battalion  of  four  companies,  and  each  company  of 
forty-four  privates  ;  each  regiment  of  horse-artillery, 
shall  consist  of  two  battalions,  each  battalion  of  two  com- 
panies, and  each  company  of  sixty-four  privates.  There 
riflemen.  shall  be  twenty  companies  of  riflemen,  each  company  to 


Title  68.     Mititw.  287 

•:onsist  of  sixty-four  privates,  and  to  be  annexed  to  the 
regiment  of  infantry,  within  whose  limits  a  major  part  of 
them  shall  reside,  or  as  is  or  shall  be  designated  by  the 
captain-general.  Ami  said  divisions,  brigades,  regiments, 
battalions  and  companies,  shall  be  officered  as  follows  : 
to  each  division,  'one  major-general,  with  two  aids-de-  Hew  oficered. 
camp,  to  have  the  rank  of  major;  one  division-inspector, 
to  have  the  rank  of  lieutenant-colonel,  and  one  clivision- 
quartcr-master,  to  have  the  rank  of  major :  to  each  brig- 
ade, one  brigadier-general,  with  one  aid-de-camp,  to 
have  the  rank  of  captain,  one  brigade-inspector,  to  serve 
also  as  brigade-major,  and  to  have  the  rank  of  major,  and 
one  brigade  quarter-piaster,  to  have  the  rank  of  captain  > 
and  the  brigade-inspector  shall  be  commissioned  as  brig- 
ade-inspector, and  shall  be  considered  in  the  line  of  pro- 
motion, as  captain,  from  the  date  of  his  commission  :  to 
each  regiment  of  infantry,  one  colonel,  one  Ireutenant- 
colonel,  and  one  major  ;  to  each  regiment  of  cavalry, 
one  colonel,  and  one  major  ;  to  each  regiment  of  horse- 
artillery,  one  colonel,  one  lieutenant-colonel,  and  one 
major  ;  to  each  regiment  of  light-artillery,  one  colonel., 
one  lieutenant-colonel,  and  one  major ;  and  when  there 
shall  be  but  one  battalion,  it  shall  be  commanded  by  a 
major  ;  to  «ach  regiment,  one  adjutant,  and  one  quarter- 
master, to  have  the  rank  of  lieutenant  -,  also  a  chaplain^ 
surgeon,  and  surgeon's-mate,  pay -master,  sergeant-major, 
and  quarter-master-sergearit ;  toea<:h  regiment  of  infant- 
ry, and  artillery,  one  drum-major,  and  one  fife-major  ; 
and  to -each  regiment  of  cavalry,  'one  trumpet-major  ;  to 
each  company  of  infantry,  and  riflemen,  one  captain,  one 
lieutenant,  one  ensign,  four  sergeants,  four  corporals, 
one  drummer,  and  twotifers  or  buglers  ;  to 'each  compa- 
ny of  light-artillery,  one  captain,  two  Ireutenants,  four 
sergeants,  four  corporals,  one  drummer,  and  two  fifers  or 
buglers  ;  to  each  company  of  horse-artillery,  one  cap- 
tain, four  lieutenants,  one  cornet,  eight  sergeants,  eight 
corporals,  one  saddler,  one  farrier,  and  two  trumpeters 
or  buglers ;  to  each  troop  of  cavalry,  one  captain,  two 
lieutenants,  one  cornet,  four  sergeants,  four  corporals, 
one  saddler,  one  farrier,  :and  two  truinpeters,  or  buglers. 
And  it  shall,  at  all  times,  be  the  duty  of  the  captain-^en-  Captain-gener- 
eral,  with  the  aid  of  such  officers  of  the  militia,  or  other  $*  f< 
persons,  as  he  may,  from  time  to  time,  call  to  his  assis- 
tance, to  provide  for  the  arrangement  and  formation 
of  the  militia,  according  to  the  provisions  of  this  section. 
And  the  captain-general  is  hereby  authorized  and  em- 
powered, -from  time  to  time,  as  the  interests  of  the  mi- 
litia shall  require,  to  alter  the  limits  of  companies,  form  Jf 
new  companies,  and  reduce  or  disband  any  company,  on  &c. 


Title  t>8.     Militia. 

application  to  him  made,  although  thereby,  any  regiment 
may  contain  a  greater  or  less  number  of  companies,  than 
is  required  by  this  act. 
Companies  of         SECT.  5.  The  companies  of  cavalry,  artillery,  grena- 

raVa!-enadie,-le'  diers>  15ght  infantrJ  and  riflemen,  shall  be  filled,  from  time 
light-infantry '    to  time,  by  voluntary  enlistments,  from  exempts,  or  from 
and  riflemen,  (o  such  companies  of  infantry,  as  the  commander  in  chief 
{htment  by  en"  may  direct,  taking  care  to  preserve,  as  nearly  as  can  be 
done,  conveniently,  an  equality  of  numbers  among  the 
companies  of  infantry.     And  whenever  any  musician  or 
thosVwhcThave  Private  of  any  enlisted  company,  shall  refuse  or  neglect 
enlisted  may  be  to  dress  in  the  uniform,  duly  established  in  and  for  said 
erased  from  the  company,  and  to  perform  his  duty  therein,  as   required 
'  by  law,  he  may,  by  the  commanding  officer  of  such  com- 
pany, after  three  months'  notice  to  dress  and  equip  him- 
self, he  still  refusing  or  neglecting  so  to  do,   be  ereased 
from  the  roll  of  such  company  ;  and  notice  thereof  shall 
thereupon  be  given  to  the  commanding  officer  of  the  in- 
fantry company,  within  whose  limits  such  musician  or 
soldier  resides,  who  shall  forthwith  enrol  him  in  his  com- 
pany. 

Captam-gen-          SECT.  6.  The  governor,  for  the  time  being,  shall  be 

captain-general,  and  commander  in  chief  of  the  militia  ; 

and  the  lieutenant-governor,  for  the  time  being,  shall  be 

Lieutenant-       lieutenant-general  thereof,  except  when  called  into  the 

service  of  the  United  States. 

?e,",er~and  SECT.  7.  The  general  and  field  officers,  shall  be  ap- 

how  'appointed  pointed  by  the  general  assembly,  and  commissioned  by 

and  commis-     the  governor  ;  and  the  captains,  subalterns,  and   non- 

sioned.  commissioned  officers  of  the  militia,  shall  be  chosen  by 

Captains,  Sic.     their  respective  companies,  the  commanding  officer  first 

how  chosen.      causing  notice  to  be  given  to  those  entitled  to  vote,  that 

he  is  about  to  lead  them  to  a  choice  of  such  officers,  or 

How  approved,  non-commissioned  officers;  and  such  officers,  if  approved 

sk»neCd°mmiS      ^v  ^e  general  assembly,  shall  be  commissioned  by  the 

Non-commis-     governor ;  and  all  non-commissioned  officers  shall  receive 

•sioned  officers,  warrants,  from  the  commander  of  the  regiment  to  which 

they  belong,  who  shall  have  power  to  reduce  to  the  ranks, 

such  non-commissioned    officers,  whom,  on  complaint 

made,  and  due  notice  given,  he  shall  find  guilty  of  mis- 

Commissions     conduct,  or  neglect  of  duty  :  and  all  commissions,  issued 

to  express  the     i      ,,  o« 

day  from  which  by  tne   governor  to  company  officers,  shall  express  the 

to  take  rank,  day  from  which  such  officers  shall  respectively  take  rank, 
which  shall  be  the  day  of  the  date  of  the  general  o'rder, 
directing  the  company  to  be  led  to  the  choice  ;  and  when 
two  or  more  majors  fere  appointed  to  one  regiment,  at 
the  same  session  of  the  general  assembly,  the  dates  of 
their  commissions,  shall  be  according  to  priority  of  ap- 
pointment. 


Title  68.     Militia. 

SECT.  8.  The  captain-general  shall  appoint  the  adju-  Adjutant-gen- 
tant-general,  who  shall  have  the  rank  of  brigadier,     the  e^',h3w  ap~ 
captain-general   shall  appoint  for  himself,  two  aids-de-  P< 
camp,  who  shall  have  the  rank  of  lieutenant-colonel  ;  the  Aids-de-ca™P 
lieutenant-general  shall  appoint  for  himself  two  aids-de- 
camp, who  shall  have  the  rank  of  major  ;  each   major- 
general  shall  appoint  for  himself  twro  aids-de-camp ;  he 
shall  also  appoint  for  his  division,  a  division-inspector,  and  Division  in- 

a  division  quarter-master  ;  each  brigadier  shall  appoint  sPectorand 
r      i-         ir  -j  j  iii  •    ,  r      quarter-master 

lor  himself  one  aid-de-camp  ;  he  shall  also  appoint  for 

his  brigade,  a  brigade-inspector,  to  serve  also  as  brigade-  Brigade  inspec- 
major,  and  he  shall  appoint  a  brigade-quarter-master  ;  tor>  and  <luar- 
each  commanding  officer  of  a  regiment  shall  appoint  his  ter"mai 
adjutant,  pay-master  and  quarter-master,  also  a  chaplain,  Regimental 
surgeon,  surgeon's-mate,  sergeant-rnajor,   and  quarter-  sta  ' 
master-sergeant  ;  and  the   commanding  officer  of  each 
regiment  of  infantry,  and  artillery,  shall  appoint  a  drum- 
major,  and  a  fife-major,  and  the   commanding  officer  of 
each  regiment  of  cavalry,  shall  appoint  a  trumpet-major, 
to  whom  he  shall  give  warrants  ;  all  which  appointments 
shall  be  published  in  orders. 

SECT.  9.  A  quarter-master-general  shall  be  appointed  Quarter-mas- 
by  the  senate,  upon  the  nomination  of  the  governor,  who  ifo^ appointed* 
shall  have  the  rank  of  lieutenant-colonel,  and  shall  have 
authority  to  appoint,  with  the  approbation  of  the  captain-    ' 
general,  one  or  more  assistants,  for  whose  conduct  he  power; 
shall  be  responsible,  and  may  remove  them  at  his  pleas- 
ure.    The  duty  of  the  quartcr-master-general,  shall  be,  al 
to  take  care  of  all  the  public  property  committed  to  him, 
and  belonging  to  his  department  ;  to  execute  all  orders 
received  from  the  captain-general  relative  thereto;  to 
receive  such  arms  as  the  government  of  the  United  States 
may,  from  time  to  time,  transmit  to  this  state,  which  shallr 
by  him.  be  deposited  in  the  arsenal  of  this  state,  at  Hart- 
ford, and  distributed  to  the  militia,  in  such  manner  as  the 
commander  in  chief  shall  direct ;  to  perform  all  other 
services,  that  may  be  required  of  him  by  law ;  to  report 
to  the  general  assembly,  on  the  third  day  of  its  session,  in 
each  year,  and  therein  make  return  of  a  complete  inven- 
tory of  all  the  articles  belonging  to  his  department,  spe- 
cifying the  place  or  places  where  they  are  deposited,  as 
also  the  amount  consumed,  or  expended,  since  his  former 
return,  together  with  a  particular  account  of  all  expenses, 
or  expenditures  of  money,  incurred  in  his  department,  for 
which  no  account  shall  have  been  previously  rendered  to 
the  general  assembly  ;  and  he  shall  become  bound  to  the  *? 
state  treasurer,  with  sureties,  in  a  bond  of  twenty  thou- 
sand dollars,  conditioned  for  a  faithful  discharge  of  the 
duties  of  his  office. 


Title  68.     Militia. 


Commissary- 
general,  how 
appointed  ; 
his  rank  ; 
power ; 


and  duty 


\Q  give  bond 
with  sureties. 


Pay-master- 
general,  how 
appointed ; 
his  rank, 
and  duty , 


bis  compensa- 
tion. 


To  be  bound 
with  sureties. 


Certain  vacan- 
cies, how  filled, 


Barrel  of  mus- 
ket. 


Rifles. 
•Sabres. 

Swords. 

Arms,  8ic.  of  ' 
liorse-artillery. 


SECT.  10.  A  commissary-general  shall  be  app6infe<?, 
by  the  senate,  upon  the  nomination  of  the  governor,  whcr 
shall  have  the  rank  of  lieutenant-colonel,  and  shall  have 
authority  to  appoint,  with  the  approbation  of  the  captain- 
general,  one  or  more  assistants,  for  whose  conduct  he 
shall  be  responsible,  and  may  remove  them  at  his  plea* 
sure.  It  shall  be  the  duty  of  the  commissary-general,  to 
procure  supplies  for  the  subsistence  of  the  troops,  and  is- 
sue the  same ;  to  execute  all  orders  received  from  the 
captain-general ;  to  perform  all  services  that  may  be  re- 
quired of  him  by  law  ;  and  to  report  to  the  general  assem- 
bly, annually,  on  the  third  day  of  its  session,  the  state  of 
his  department ;  and  he  shall  become  bound  to  the  state 
treasurer,  with  sureties,  in  a  bond  of  twenty  thousand 
dollars,  conditioned  fora  faithful  discharge  of  the  duties 
of  his  office. 

SECT.  1 1 .  A  pay-master-general  shall  be  appointed,  by 
the  senate,  upon  the  nomination  of  the  governor,  wha 
shall  have  the  rank  of  major,  whose  duty  it  shall  be  to 
pay  the  troopstheir  wages,  to  execute  all  orders  receiv- 
ed from  the  captain-general,  to  perform  such  services* 
as  may  be  required  of  him  by  law,  and  to  settle  his  ac- 
count with  the  comptroller,  on  or  before  the  thirtieth  day 
of  April,  in  each  year ;  and  for  his  services  as  pay-master- 
general,  and  in  lieu  of  all  other  compensation  or  emolu- 
ment, he  shall  be  entitled  to  receive  one  and  an  half  per 
cent  on  all  monies  paid  by  him  according  to  law  ;  and  he 
shall  be  bound  to  the  state  treasurer,  with  sureties,  in  a 
bond  of  twenty  thousand  dollars,  conditioned  for  a  faith- 
ful discharge  of  the  duties  of  his  office.  And  in  case  either 
of  the  offices  of  quarter-master-general,  commissary-gen- 
eral, or  pay-master-general,  shall  become  vacant,  during 
the  recess  of  the  general  assembly,  the  vacancy  shall  be 
filled  by  appointment,  by  the  governor  ;  and  any  person, 
thus  appointed,  shall  hold  his  office  until  the  session  of 
the  general  assembly,  next  after  such  appointment. 

SECT.  12*  The  barrel  of  the  musket  or  firelock,  for  the 
infantry,  shall  be,  at  least,  three  feet  and  six  inches  long, 
furnished  with  a  priming- wire  and  brush ;  and  each  ser- 
geant and  corporal  of  the  infantry  and  riflemen,  shall 
have  a  screw-driver  and  worm,  more  than  is  required  by 
said  act ;  the  kind  of  rifle  for  the  riflemen,  and  the  length 
and  bore  of  its  barrel,  shall  be  such  as  the  commander  in 
chief  shall  direct ;  the  sabre  for  the  cavalry,  shall  be  at 
least  three  feet  long,  exclusive  of  the  hilt ;  the  non-com- 
missioned officers  and  privates  of  the  artillery,  shall  be 
armed  with  a  sword  or  hanger,  at  least  two  feet  nine  inch- 
es long,  exclusive  of  the  hilt ;  the  arms,  accoutrements 
and  uniform  of  the  horse-artillery,  shall  be  like  those  of 
the  cavalry. 


Title  68:  Militia.  291 

SECT  13.  It  shall  be  the  duty  of  each  non-commission-  Arms,  &c.  re-, 

ed  officer  and  private  of  the  artillery,  cavalry,   riflemen  ci"ired  by  act 

,  .    ,,  vf       .  .  ,.         ir     .  ,     £'  of  congress 

and  infantry,  to  furnish  himself  with  the  arms,  ammunition 

and  accoutrements,  required  by  the  said  act  of  congress, 
and  by  this  act.  The  field,  commissioned,  and  staff  offi- 
cers, shall,  at  their  own  expense,  be  uniformly  clothed, 
in  regimentals,  established  according  to  law  ;  and  the 
non-commissioned  officers  and  privates  of  the  cavalry, 
artillery,  grenadiers,  light-infantry  and  riflemen,  shall  be 
clothed  in  their  respective  uniforms,  which  are,  or  may  Uniform*- 
be  established  according  to  law. 

SECT.  14.  No  person  belonging  to  any  battalion  com-  Pers.°n  enlist- 
pany,  shall,  under  color  of  enlistment  into  any  company  J.^^0 
of  artillery,  cavalry,  riflemen,  grenadiers,  or  light-infan-  not  to  be  ex- 
try,  be  excused  from  doing  duty  in  the  said  battalion  com-  cus.ed /rom  du' 
pany,  until  he  shall  have  completely  equipped  himself  untjj  compiler 
for  service  in  the  corps  into  which  he  enlists,  with  arms,  ly  equipped 
accoutrements,  and  uniform,  according  to  law,  and  shall 
have  produced  a  certificate  thereof,  from  the  command- 
ing officer  of  such  cavalry,  artillery,  grenadiers,  light-in- 
fantry or  rifle  company,  to  the  commanding  officer  of 
such  battalion  company  ;  nor  shall  any  non-commission- 
ed officer  or  private,  belonging  to  any  enlisted  company, 
enlist  into  any  other  company.     Each  non-commissioned 
officer,  musician  and  private  of  the  horse-artillery  and 
cavalry,  shall  provide  himself  with  a  good  sufficient  horse, 
of  the  size  required  by  law. 

SECT.  15.  Every  commanding  officer  of  a  company  of  Days  of  co|¥- 
.....  11       j  j         •  u  pany  exercise, 

militia,  shall  order  out  his  company,  three  days  in  each  r 

year,  not  less  than  six  hours  in  each  day  ;  one  day  in  the 
rnonth  of  May,  and  two  days  in  the  month  of  September, 
and  instruct  them  in  the  use  of  arms,  and  discipline  of 
war.     On  the  first  Monday  of  May,  annually,  each  com-  ^ay  f°re™™' 
manding  officer  shall  cause  the  arms,  ammunition  and  acr  v 
coutrements  of  all  under  his  command,  to  be  reviewed 
and  inspected.     The  commanding  officer  of  any  compar  £?™jjfen/ out*' 
ny,  when  thereto  ordered,  shall  call  out  his  company  for  ,or  ci,0ice  of 
the  choice  of  a  captain,  or. subalterns,  at  any  time  in  the  officers  at  any 
year ;  and  the  non-commissioned  officers,  musicians  and  time- 
privates  of  such  company,  when  called  out  as  aforesaid, 
shall  be  liable  to  the  same  fines  and  penalties  for  non-at- 
tendance, and  be  subject  to  the  same  correction  and  pun- 
ishment for  disorders  and  contempt,  as  are  provided  by 
law,  in  cases  of  company  trainings.      The  commanding 
officer  of  each  regiment  of  artillery,  shall  order  out  his 
regiment,  by  regiment  or  battalion,  every  second  year,  in 
the  month  ®f  September  or  October,  for  exercise,  inspec-  r7. 
tion  and  review,  in  such  manner  as  the  officer  command- 
ing the  brigade  shall  direct.     And  the  commander  of  the 


202 


.Regiments  of 
infantry  and 
cavalry  to  be 
called  out  an- 
nually. 


fn  what  cases 
regiments  may 
be  called  out, 
three  days  in 
succession. 


Battalion 
companies, 
how  posted. 


Inspection, 
how  made. 


Duty  of  bri- 
gade-inspectors 
to  make  en- 
quiry, &c. 


To  make  an- 
nual returns. 

Meeting  of 
brigade-in- 
spectors with 
adjutant-gene- 
ral. 


Title  6S.    Militia. 

brigade  of  artillery  may  assign  the  command  of  the  re- 
spective battalions  of  light-artillery,  to  such  field  officer 
of  the  regiment  as  lie  may  judge  expedient ;  and  also 
cause  the  regiments  of  light-artillery  to  be  reviewed  and 
inspected  in  smaller  bodies  than  the  battalions  establish- 
ed by  law,  at  his  discretion.  The  regiments  of  infantry 
and  cavalry  shall  be  called  out  for  exercise,  inspection 
and  review,  annually,  by  regiment  or  battalion  ;  and  the, 
companies  composing  such  regiments  shall  be  excused 
from  the  performance  of  one  day's  company  duty,  to 
which  they  would  otherwise  by  law  be  subjected.  When- 
ever a  majority  of  the  field  and  commissioned  officers  of 
any  regiment,  agree  thereto,  the  commanding  officer  of 
such  regiment,  with  the  approbation  of  the  officer  com- 
manding the  brigade,  or,  (in  case  of  the  regiments  of  light- 
artillery,  of  the  captain-general,  shall  order  out  his  regi- 
ment three  days  in  succession,  in  the  month  of  Septem- 
ber, which  shall  be  in  lieu  of  all  trainings  in  that  month 
and  October.  On  days  of  regimental,  or  battalion  in- 
spection or  review,  the  companies  shall  take  rank  and  be 
posted  according  to  Scott's  system  of  military  tactics,  as 
abridged  by  Lieut.  Col.  Pierce  Darrow.  And  it  shall  be 
the  duty  of  the  captain-general  to  number  the  companies, 
at  the  time  of  forming  or  re-organizing  the  regiment  to 
which  they  belong. 

SECT.  1G.  Whenever  a  regiment  or  battalion,  shall  be 
ordered  out  for  inspection,  it  shall  be  the  duty  of  the  bri- 
gade-inspector, to  inspect  such  regiment  or  battalion, 
agreeably  to  the  second  article  of  the  twenty-fifth  chap- 
ter of  the  rules  of  discipline  aforesaid,  and  he  shall  take 
an  accurate  account,  from  personal  inspection,  of  the 
quality  of  the  arms  and  accoutrements,  both  of  the  non- 
commissioned officers  and  privates,  and  whether  they  are 
fit  or  unfit  for  service,  and  shall  ascertain,  with  precision, 
the  size  of  the  bores  of  the  muskets  and  rifles;  he  shall 
also  examine  the  men's  clothing,  and  see  whether  they 
are  in  complete  uniform,  according  to  law.  And  it  shall 
be  the  duty  of  the  brigade-inspector,  to  make  diligent  en- 
quiry, from  time  to  time,  whether  commanders  of  compa- 
nies have  caused  all  persons  liable  to  do  military  duty. 
within  their  limits  respectively,  to  be  enrolled,  and  to  re- 
port all  delinquencies  to  the  brigadier  of  their  brigade 
respectively,  to  the  end,  that  such  commanders  may  be 
dealt  with  according  to  law ;  and  the  inspector  shall 
make  annual  return  of  the  state  of  the  militia,  in  the  bri- 
gade to  which  he  belongs,  to  the  adjutant-general. 

SECT.  17.  Whenever  the  captain-general  shall  deem  it 
necessary,  he  may  issue  his  orders,  directing  the  brigade- 
inspectors  to  meet  the  adjutant-general,  at  such  time  and 


Title  68.     Militia.  293 

place  as  he  shall  appoint,  to  confer  with  him,  and  to  re^ 
ceive  his  directions,  relative  to  their  official  returns,  and 
other  parts  of  their  duty,  and  to  afford  him  that  assistance 
and  co-operation,  which  the  public  service  may  require ; 
and  the  said  officers  shall  be  allowed  nine  cents  per  mile 
for  travel,  to  and  from  such  place  of  meeting. 

SECT.  18.  In  all  cases  when  the  militia  are  to  be  warn-  ^V.af9'-"goi 
ed  for  a  choice  of  officers,  for  exercise,  review,  parade,  ni 
or  inspection,  three  days  notice  shall  be  given,  exclusive 
of  the  day  of  warning,  by  order  of  the  commander  of  the 
company,  in  writing,  directed  to  the  non-commissioned 
officers,  and  the  same  to  be  read  in  the  hearing,  or  a  copy 
thereof  to  be  left  at  the  usual  place  of  abode,  of  the  per- 
son to  be  warned. 

SECT.  19.  Each  company  shall  be  furnished  with  a  Orderly  boojk 
suitable  orderly  book  for  records,  and  the  commanders 
of  the  companies  of  battalion  infantry,  shall  cause  the 
names  of  all  persons,  between  the  age  of  sixteen,  and 
forty-five  years,  and  who  reside  within  the  limits  of  their 
respective  companies,  to  be  entered  in  said  book,  except 
the  names  of  such  persons,  as  belong  either  to  the  artil- 
lery, cavalry,  rifle-men  or  flank  companies,  designating 
therein,  such  persons  as  are  liable  to  military  duty.  And 
the  commanders  of  the  companies  of  artillery,  cavalry, 
rifle-men  and  flank  companies,  shall  cause  the  names  of 
all  persons  enlisted  into  their  respective  companies,  to 
be  enrolled  in  their  said  orderly  book;  and  the  command- 
ing officer  of  each  company,  shall  cause  to  be  recorded, 
all  delinquencies,  and  all  votes  and  proceedings  of  such 
company,  and  shall  cause  copies  of  any  part  of  said  re- 
cords to  be  given,  reasonable  compensation  being  made 
therefor ;  and  it  shall  be  the  duty  of  the  adjutant-general 
of  the  state,  to  prescribe  the  forms  of  keeping  such  re- 
cords, and  of  the  brigade-inspectors,  annually,  to  inspect 
the  said  books, 

SECT.  20.  The  brigades  or  divisions  may  be  ordered  Division  and 
out  for  inspection  or  review,  by  their  commanding  offi-  br'8ad    n- 
cers,  with  the  approbation   of  the  commander  in  chief,  review.*1 ' 
at  such  times  as  shall  be  deemed  expedient  and  necessa- 
ry ;  and  whenever  a  division  is  under  arms,  it  shall  be 
reviewed  by  the  captain-general,  or  lieutenant-general  ; 
when  a  brigade,  by  a  major-general ;  and  when  a  regi- 
ment, by  a  brigadier-general. 

SECT-  21.  If  any  person  or  persons  belonging  to  the  Firing  prohib- 
militia,  shall  fire  any  field-piece,  musquet  or  pistol,  or 
suffer  the  same  to  be  done  by  others,  on  any  days  of  com- 
pany, battallion,  or  regimental  days  of  exercise,  or  re- 
view, excepting  by  order  of  a  commissioned  officer,  he 
shall  for  each  offence,  forfeit  and  pay  a  fine  of  five  dot-  f  enaIrY 


•>94 


How  recover- 
e.t.  in  case  of 
minors. 

Informing  offi- 
cers to  com- 
plain. 


This  section  to 

be  i    .;'.!  to  each 
coin],  my, 
twice  a  year. 

Commanding 
officers  to  or- 
i!er  'lie  cor- 
rection of  dis- 
orders, on 
dajs  of  exer- 
cise. 

Punishment. 


Power  to  fix 
limits  of  pa- 
rade ; 

S3* 

10  confine  in- 
truders. 


Musicians  to 
assemble  for 
instruction. 


Fine  for  neg- 
lect. 


Title  68.     Mihtia. 

lars,  to  be  recovered  by  complaint  or  information  thereof 
made,  and  conviction  had,  before  any  court  proper  to 
try  the  same,  for  the  use  and  benefit  of  him,  who  shall 
prosecute  the  same  to  eftect.  And  Avhen  si:ch  oi'ence 
shall  be  committed,  by  any  person,  under  the  a^e  of  twen- 
ty-one years,  the  said  fine  may  be  recovered  of  the  pa- 
rent, master,  or  guardian  of  such  minor,  so  offending,  in 
manner  aforesaid.  And  it  shall  be  the  duty  of  all  in- 
forming ollicers,  to  make  presentment  and  complaint  of 
all  breaches  of  this  section,  to  any  court  proper  to  hear 
and  deierniinc  the  same,  and  upon  conviction  of  the  of- 
fender, on  such  presentment  and  complaint,  the  said  fine- 
shall  be  paid  to  the  treasury  of  the  town,  where  such 
offence  shall  have  been  committed.  And  it  shall  be  the 
duty  of  each  captain,  or  officer  commanding  a  military 
company,  to  cause  this  section  to  be  read  in  the  hearing 
of  his  company,  in  September  and  May,  in  each  year. 

SFICT.  22.  The  commanding  officer  of  each  division, 
brigade,  regiment,  battalion,  or  company,  shall  order  the 
correction  and  punishing  of  disorders,  or  contempt,  on 
days  of  exercise,  inspection,  or  review,  of  which  any  non- 
commissioned officer  or  soldier,  under  their  respective 
commands,  may  be  guilty,  during  the  day  ;  provided,  the 
punishment  inflicted,  be  not  greater  than  riding  a  wooden 
horsevfor  a  term  not  exceeding  one  hour,  or  a  fine,  not 
exceeding  seven  dollars  ;  and  they  shall  have  power  to 
fix  certain  limits  to  their  respective  parades,  within 
which  no  spectator  shall  enter,  without  liberty  from  the 
commanding  officer  ;  and  in  case  any  person  shall  intrude 
or  offend,  he  shall  be  liable  to  be  confined,  in  such  way 
and  manner,  as  the  commanding  officer  shall  direct,  dur- 
ing the  continuance  of  the  exercise. 

SECT.  23.  The  commanding  officer  of  any  regiment 
shall,  if  he  judge  expedient,  order  the  musicians  within 
the  limits  of  his  command,  to  assemble  at  such  times  and 
places,  as  he  shall  direct,  for  practice  and  instruction,  not 
exceeding  two  days  in  each  year,  exclusive  of  days  of 
regimental  exercise  ;  and  if  any  musician  shall  refuse  or 
neglect  to  obey  such  orders,  he  shall  be  liable  to  the  same 
fine  as  is  herein  provided  for  like  neglect,  or  refusal,  on 
days  of  company  exercise  ;  which  fine,  and  all  other  fines, 
which,  by  virtue  of  this  act,  shall  be  incurred  by  the  non- 
commissioned staff,  shall  be  imposed  by  the  commanding 
officer  of  the  regiment.  But  the  person  so  fined,  or  lia- 
ble to  be  fined,  shall  have  the  right  to  excuse  himself, 
before  such  regimental  officer,  and  appeal  to  a  superior 
officer,  as  is  hereinafter  provided,  incases  of  fines  imposed 
by  commanding  officers  of  companies. 


Title  68.     Militia.  295 

24.  The  lines  and  penalties  incurred  ibr  non-ap-  Fines  for  non 
pearancc.   and  deficiency  of  arms-  and  accoutrements.  uPPe"r;?n.ce 

*i     11,  ,.  .,  -j.       T      i  and  deficiency 

snail  be  as  follows,  to  wit :  Each  sergeant-major,  quarter-  ju  arms, &c. 
Ynaster-sergeant,  drum-major,  life-major,  trumpet-ma  <>r. 
sergeant,  corporal,  drummer,  lifer,  trumpeter,  and  bugler, 
who  shall  neglect  to  appear  at  the  time  and  place  appoint- 
ed for  regimental  or  battalion  exercise,  inspection,  or  re- 
view, shall  forfeit  and  pay  a  line  of  six  dollars;  and  for  each 
day's  neglect  to  appear,  at  the  time  and  place  appoiiik-d 
for  company  exercise,  inspection,  or  review,  a  line  of  live 
dollars  ;  each  private,  for  non-appearance,  on  any  day  of 
regimental  or  battalion  exercise,  inspection  or  review, 
shall  forfeit  and  pay  a  line  of  five  dollars,  and  for  non- 
appearance  on  any  day  of  company  exercise,  inspection. 
or  review,  a  fine  of  four  dollars -,  each  non-commission*  d 
officer  and  private,  who  appears  on  parade,  shall,  for  dc- 
iiciencv  of  arms,  ammunition,  and  accoutrements,  forfeit 
and  pay,  for  each  day  of  exercise,  inspection,  or  review, 
the  following  fines,  to  wit :  For  a  gun,  or  pair  of  pistols, 
each,  one  dollar  and  fifty  cents  ;  for  a  sabre,  or  hanger, 
each,  one  dollar,  and  for  each  other  article  required  by 
law,  twenly-five  cents  :  and  no  horse-man  who  shall  be 
deficient  in  a  horse,  shall  be  considered  as  appearing  on 
parade. 

SI;.,T.  25.  Any  non-commissioned  officer,  musician  or  Proceedings  iu 
private,  of  any  company  of  militia,  whether  artillery,  cav-  "fse'jbrvTon- 
;i!ry7  rifle-men  or  infantry ,who  shall  neglect  to  appear,  at  appearance, 
the  time  and  place  appointed  for  regimental,  battalion,  or 
company  exercise,  inspection  or  review,  or  for  the  choice 
of  a  captain,  or  subaltern,  for  the  company  to  which  such 
person  belongs  ;  or.  appearing,  shall  be  deficient  in  arm- 
or equipments ;  may.  within  ten  days  next  thereafter,  ap- 
pear before  the  commanding  officer  of  such   company, 
by  himself  or  attorney,  and  make  excuse  for  such  non- 
appearance  or  deficiency  ;  and  if  such  delinquent  shall 
fail  to  appear  as  aforesaid,  and  make   a  satisfactory  ex- 
cuse for  such  delinquency,  said  commanding  officer  shall 
impose   upon   ?uch   delinquent,  the  fine  or  lines  hi  such 
case  by  law  incurred,  and  shall  give    notice  thereof,  in 
writing,  to  the  person  so  lined  ;  and   if  such  fine  or  lines  j^."8"^? b* c°!~ 
shall  not  be  paid  to  such  commanding  ollicer.  and  the  said  ^ 
delinquent  shall  not  make  his  appeal  in  the  manner  here- 
in after  provided,  said  fine  or  fines   >-lull  be  collected  by 
warrant,  under  the  hand  of  said  commanding  ollicer. 

SECT.  2G.  Whenever  the  commanding  olficer  of  a  com- Proceedings  in 
pany,  shall  impose  a  fine,  the   person  so  fined,  when   he  case  of  appeal*, 
claims  to  be  excused  from  performing  military  t..iiy,  at 
the  time  for  which  he  i~  lined,  msy.  within  ten  days  alter 
notice  thereof,  appeal  to  the  commanding  ollicer  ot  th- 


' 
•J96  Title  68.     Militia, 

giment ;  or,  if  the  person  so  fined,  claim  in  writing,  to  be* 
long  to  a  different  regiment  from  that  to  which  said  com- 
manding officer  belongs,  but  to  the  same  brigade,  he  may, 
within  fifteen  days  after  such  notice,  appeal  to  the  com- 
manding  officer  of  the  brigade  ;  and  if  the  person  so  fined 
shall  claim  in  writing  to  belong  to  a  different  brigade,  in 
the  same  division,  he  may,  within  twenty  days  after  such 
notice,  appeal  to  the  commanding  officer  of  the  division  ; 
and  if  the  person  so  lined,  shall  claim,  in  manner  afore- 
said, to  belong  to  a  different  division,  or  to  a  different 
corps,  from  that  to  which  such  commanding  officer  be- 
longs, he  may,  within  twenty  days  after  notice,  appeal  to 
the  captain-general,  or  to  such  person  as  the  captain- 
general  shall  appoint.  And  in  all  cases  of  appeal,  it  shall 
iN'oticc  of  ap-  be  tne  duty  °'f tne  officer,  to  whom  the  appeal  is  mader 
peals.  to  cause  written  notice  to  be  given  to  the  officer  imposing 

the  fine,  who  shall  thereupon  stay  the  collection  thereof, 
until  the  appeal  be  determined  ;  and  the  officer  to  whom 
the  appeal  is  made,  may,  cm   hearing  the  parties,  abate 
such  line  •  and  if  such  fine  be  not  abated,  the  officer  im- 
posing the  same,  shall  proceed  to  the  collection  thereof. 
Proceedings  on  When  any  person  fined  as  aforesaid,  shall  claim  to  be 
son's  claiming'"  wholly  exempted  from  the  performance  of  military  duty, 
to  be  wholly     he  may,  within  ten  days  after  notice  thereof,  appeal  to 
exempted  from  either  judge  of  the  county  court  in  the  county  in  which 
ai7   u  y-     nc  regie's,  stating  the  ground  of  his  claim  for  exemption; 
which  judge  shall  give  notice  to  the  officer  imposing  the 
fine,  of  the  appeal,  and  of  the  time  when  the  same  will 
be  heard  ;  and  the  collection  of  the  fine  shall  be  stayed 
till  the  appeal  is  determined*     And  such  judge  shall  hear 
the  parties,  and,  if  he  shall  be  of  opinion,  that  the  person 
appealing  is  exempted  from  military  duty,  he  shall  abate 
such  fine  ;  otherwise  the  officer  imposing  the  fine,  shall 
proceed  to  the  collection  thereof.     All  appeals  shall  be 
in  writing,  and  the  same  shall  be  determined,  and  notice 
of  such  determination,  given  to  the  officer  imposing  the 
fine,  within  twenty  days  after  such  appeal  is  made  ;  and 
No  other  reme-  no  action  shall  be  sustained  against  any  officer,  for  impo- 
dy.  sing  a  fine  for  neglect  of  appearance,  or  deficiency  in 

arms  or  accoutrements. 

Warrants  for         SECT.  27*  All  warrants  granted  for  the  collection  of 
fines;  any  fine,  imposed  by  virtue  of  this  act,  shall  be  directed 

how  directed  to  a  constable  of  the  town,  in  which  the  delinquent  dwells; 
and  levied.  which  warrant  may  be  levied  on  the  goods,  or  chattels, 
of  the  delinquent,  if  of  the  age  of  twenty-one  years, 
and  for  want  of  such  goods  and  chattels,  on  the  body  of 
such  delinquent,  and  on  the  goods  or  chattels  of  the  pa- 
rent, master  or  guardian  of  such  delinquent,  if  under  the 
«ge  of  twenty-one  years,  and  for  want  of  such  goods  and 


Title  68.     Militia. 

chattels,  on  the  body  of  such  parent,  master  or  guardian* 

and  him  commit  to  gaol  until  such  tine  be  paid,  wi4^Jaw- 

ful  fees   for  service,  and  seventeen  cents  for  said  \var- 

irant,  as  in  case  of  execution  for  debt  :  And  all  warrants 

heretofore  issued,  by  any  officer  of  the  militia,  for  col- 

lection of  fines,  including  the  sum  for  the  warrant,  shall 

be  deemed  to  be  valid  ;  and  no  action  shall  be  sustained 

against  such  officer  for  the  same.     All  tines  imposed  by  Fines,  how  du- 

the  commanding  officer  of  a  company,  shall  be  appro-  Posed  of 

priated  for  the  benefit  of  such  company,  for  purchasing 

and  keeping  in  repair,  trumpets,  bugles,  drums  and  fifes, 

and  for  teaching  music,  and  for  providing  blank  cartridges, 

for  days  of  regimental  or  battalion  review,  inspection  or 

parade,  not  exceeding  ten  cartridges  for  each  non-com- 

missioned officer,  and  private,  who  bears  arms  ;  and  the 

surplus,  if  any,  shall  be  paid  to  the  treasury  of  the  town, 

to  which  such  ComYnanding  officer  belongs  ;  and  all  fines 

imposed  by  the  commanding  officer  of  a  regiment  shall  be 

appropriated  for  the  benefit  of  such  regiment,  for  the  uses 

aforesaid,  and  the  surplus,  if  any,  shall  be  paid  into  the 

treasury  of  the  state. 

SECT.  20»  Whenever  anv  soldier  shall  be  unable  to  Proceedings  in 

,  .         ic     -,i_  j  •       i  i_      case  a  soldieris 

equip  himself  with  arms  and  accoutrements,  required  by  unabie  to  equip 

law,  a  certificate  from  two  of  the  civil  authority  of  the  himself 
town  to  which  he  belongs,  shall  be  sufficient  evidence,  to 
the  commanding  officer  of  the  company,  of  such  inability; 
which  certificate  being  given,  no  execution  shall  issue 
against  him,  for  any  fine,  which  may  have  been  imposed 
for  any  such  deficiency  ;  and  in  every  such  case,  it  shall 
be  the  duty  of  the  select-men  of  the  town,  to  provide  such 
soldier  with  arms,  and  the  whole  or  any  part  of  such  ac- 
coutrements. as  may  be  necessary,  at  the  cost  of  such  town, 
within  forty  days  after  such  certificate  shall  have  been 
shown  to  them,  and  in  default  therof,  the  said  command- 
ing officer  shall,  in  his  official  capacity,  have  a  right  of 
action  against  such  town,  to  recover  the  value  thereof; 
any  one  justice  of  the  peace  to  hear  and  determine  the 
same,  and  grant  execution  thereon  ;  and  in  such  case,  no 
appeal  shall  be  allowed  ;  and  the  commanding  officer 
shall  thereupon,  without  delay,  procure  such  arms  and 
accoutrements,  and  they  shall  be  the  property  of  such 
town  ;  and  all  arms  belonging  to  the  town,  shall,  by  the 
commanding  officer  of  the  company,  be  deposited  in  such 
place,  as  he  may  think  proper,  to  be  ready  for  such  sol- 
diers, as,  for  the  time  being,  may  be  unable  to  equip 
themselves  ;  and  such  officer  shall  be  liable  to  pay  there- 
for, if  lost  through  his  neglect. 

* 


SECT.  29.  Any  person  belonging  to  any  society  of  w*JJJ  , 

Friends,  Shakers,  or  Quakers,  may  procure  a  certificate  &c.  may  be  «• 


298  Title  68.    Militia. 

cused  from  mil-  thereof,  from  the  clerk  of  the  society  to  which  he  be- 
longs ;  and  upon  presenting  the  same,  to  the  treasurer  of 
the  state,  at  any  time  in  the  month  of  May,  in  any  year, 
and  paying  the  said  treasurer,  the  sum  of  six  dollars,  for 
the  use  of  the  state,  he  shall  give  a  certificate  thereof,  to 
such  Friend,  Shaker,  or  Quaker  ;  and  upon  the  same 
being  presented  to  the  commanding  officer  of  the  compa- 
ny, within  the  limits  of  which  such  Friend,  Shaker,  or 
Quaker  resides,  on  or  before  the  last  day  of  said  May: 
such  Friend,  Shaker,  or  Quaker  shall  be  excused  from 
arming  and  equipping  himself,  and  doing  military  duty, 
for  the  year  following. 

Commanding  SECT.  30.  The  commanding  officers  of  the  several  re- 
officers  of  regi-  giments,  shall  call  out  the  commissioned  and  non-com- 
ments may  call  ~  •  -,  /v.  /•  ,1  •  •  • 

out  officers  for  missioned  officers  oi  their  said  regiments,  one  day,  and  i» 
exercise,  &.c.      they  judge  it  expedient,  two  days,  either  in  the  month  of 
August  or  September,  for  exercise  and  discipline  in  arms, 
previous  to  any   regimental  or  battalion  review,  or  pa- 
Fine  for  non-     rade  ;  and  when   so   called  out,   the  non-commissioned 
appearance.       officers  shall  be  liable  to  a  fine  of  four  dollars,  for  each 
day  of  non-appearance  at  such  time  and  place  of  exer- 
cise :  which  fine  may  be  imposed  by  the  said  command- 
ing officers  of  the  regiments,  respectively,  under  the  same 
provisions  and  restrictions,  as  are  contained  in  the  twen- 
ty-third section  of  this  act. 

How  a  place  of  SECT.  31.  It  shall  be  the  duty  of  the  commanding  offi- 
C  cerofeacncomPany  °f  infantry,  to  establish  a  place,  or 
places  of  parade,  for  their  respective  companies,  within 
the  limits  thereof :  and  if  a  part  of  any  company  shall 
consider  themselves  aggrieved,  by  any  such  establish- 
ment, they  may  apply  to  the  commanding  officer  of  the 
regiment,  who  shall  appoint  a  board,  consisting  of  three 
disinterested  captains,  belonging  to  his  regiment,  to  view, 
at  the  expense  of  the  applicants,  the  local  situation  of 
said  company  ;  first  giving  notice  of  the  time  and  place  of 
their  meeting,  for  that  purpose  to  the  commanding  officer 
thereof;  and  such  board,  after  having  viewed  the  local 
situation  of  said  company,  shall  fix  and  determine  the 
place  or  places,  for  their  parade,  and  make  report  in 
writing  of  their  doings  in  the  premises,  to  the  command- 
ing officer  thereof,  who  shall  cause  the  same  to  be  record- 
ed in  the  orderly  book  of  his  company. 

Officers  to  fur-  SECT.  32.  Each  commissioned  officer  shall  furnish  him- 
wkVttrfleT  selfwith  the  rulcs  of  discipline,  approved  and  established 
of  disdpliruT  bj  congress,  in  their  act,  passed  the  twelfth  of  May,  one 

thousand  eight  hundred  and  twenty. 

Proceedings  in      SECT.  33.  The  captain-general,  or  in  his  absence,  the 
case  of  alarm,    next  commanding  officer,  is  hereby  authorized  and   em- 
powered, on  an  alarm,  invasion,  or  notice  of  the  appear- 


Title  68.     Militia.  299 

ance  of  an  enemy,  either  by  sea  or  land,  to  order  the 
whole,  or  "any  part  of  the  militia  to  assemble,  and  the  same 
to  lead,  order,  or  employ,  for  the  assistance,  or  relief  of 
any  of  the  inhabitants  of  this  state,  attacked  by  an  ene- 
my, or  in  danger  thereof;  and,  generally,  to  issue  and  pub- 
lish such  orders,  as  he  shall  judge  expedient,  to  carry  in- 
to execution  the  intent  and  design  of  this  act ;  and  all 
subordinate  officers  are  hereby  required  to  yield  entire 
obedience  thereto.  And  the  officers  severally  command- 
ing divisions,  brigades,  regiments,  battalions  and  compa- 
nies, are  hereby  vested  with  the  same  authority,  within 
their  respective  commands ;  but,  when  any  of  them  find 
it  necessary  to  order  out  the  force  under  his  command, 
he  shall,  forthwith,  dispatch  intelligence,  and  the  occa- 
sion thereof,  together  with  an  account  of  his  movements 
and  operations,  to  the  captain-general,  or  any  other  of 
his  superior  officers,  as  may  be  deemed  most  conducive 
to  the  public  safety  ;  and  the  officers  receiving  such  in- 
telligence, shall  observe  the  same  line  of  conduct,  in  or- 
der that  information  may,  in  the  most  expeditious  way, 
come  to  the  captain-general.  And  when  the  militia,  or 
any  detachment  thereof,  are  called  out,  in  actual  service, 
under  the  provisions  of  this  act,  they  shall  be  entitled  to 
the  same  pay  and  rations,  as  is,  or  shall  be  provided  for  ^av  and  ra 
the  army  of  the  United  States.  And  when  any  company, 
battalion,  regiment,  brigade,  or  division,  of  the  militia  of 
this  state,  shall  be  ordered  into  service,  by  the  proper 

officer,  on  any  alarm,  each  non-commissioned  officer,  mu-  f  '.ne>  and  for* 
.    .  •;  /.  feiture  for  nee- 

sician  and  private,  who  neglects  to  appear  at  the  place  of  lect  to  appear 

rendezvous,  in  person,  or  by  substitute,  and  join  the  com- 
pany to  which  he  belongs,  shall,  for  such  neglect,  pay  a 
fine  of  seventeen  dollars,  and  shall  forfeit  and  pay  the  fur- 
ther sum  of  twenty  dollars,  for  each  and  every  month,  he 
shall  neglect  to  join  such  company,  and  in  the  same  pro- 
portion, for  a  longer  or  shorter  time  ;  and  upon  neglect  or 
refusal  to  pay  the  aforesaid  penalties  and  forfeitures,  or 
any  part  of  the  same,  shall  be  imprisoned  in  like  manner, 
as  is  provided  by  this  act,  for  those  who  neglect  or  refuse 
to  pay  the  penalties  incurred  for  not  appearing  in  person, 
or  by  substitute,  at  the  time  and  place  appointed  for  ren- 
dezvous, when  detached  for  service ;  and  each  non-com- 
missioned officer,  musician  and  private,  shall  have  like 
notice,  when  ordered  into  service,  by  company,  battalion,  Notice, 
regiment,  brigade  or  division,  as  is  provided  by  this  act, 
for  those  who  are  called  out  by  detachment.  Commandin 

SECT.  34.  The  commanding  officer  of  each  company  officerto  make 
shall,  immediately  after  a  detachment,  company,battalion,  return  of  de- 
regiment,  brigade,  or  division,  shall  be  ordered  to  rendez-  ^'^"Jj  fcr 
vous  for  service,  at  any  particular  time  and  place,  make 


300 


Titk  68.    Militia. 


attorney. 

County  courts 
to  have 
zance. 


Substitutes. 


return  of  the  names  and  places  of  abode,  of  all  the  per- 
sons under  his  command,  who  shall  have  incurred  any  of 
the  penalties  mentioned  and  contained  in  that  part  of  this 
act,  providing  for  calling  out  the  militia  by  detachment, 
to  the  brigade-major  of  the  brigade,  to  which  they  res- 
pectively belong  ;  and  it  shall  be  the  duty  of  the  brigade- 
major,  within  twenty  days  from  the  time  of  his  receiving 

and  be  to  state  s  return,  to  make  a  like  return  to  the  state  attorney 
for  the  county  in  which  such  person  or  persons  may  re- 
side. 

SECT.  35.  The  several  county  courts  in  this  state,  are 
cogal"  authorized  and  empowered,  to  hear  and  determine  all 
actions  for  breaches  of  this  act,  not  otherwise  provided 
for  by  law;  a  id  the  state  attornies  in  the  several  coun- 
ties, are  hereby  authorized  and  empowered  to  prosecute 
the  same,  by  action  of  debt,  in  the  name  of  the  state 
treasurer,  or  by  information  ;  and  the  penalties,  fines 
and  forfeitures,  when  recovered,  shall  he  paid  into  the 
state  treasury. 

SECT.  36.  Each  and  every  sergeant,  corporal,  musi- 
cian and  private  of  the  militia,  that  shall  be  detached  to 
perform  a  tour  of  military  duty,  under  the  government, 
and  by  authority  of  this  state,  or  of  the  United  States, 
shall  be  allowed  to  procure  a  substitute,  of  equal  grade 
with  himself,  to  be  approved  of,  and  accepted,  by  the 
senior  officer  in  command,  at  the  place  of  rendezvous, 
who  shall  be  the  only  proper  officer  to  accept  and  ap- 
prove of  substitutes,  and  determine  on  their  qualifica- 
tions ;  and  it  shall  not  be  in  his  power  to  accept  of  a 
substitute,  unless  completely  equipped  and  in  uniform, 
according  to  law  ;  which  substitute,  when  accepted,  and 
voluntarily  enrolled,  shall  be  subject  to  the  laws  of  this 
state,  for  forming  and  conducting  the  military  force, 
while  in  actual  service. 

SECT.  37,  It  shall  be  the  duty  of  the  commanding  offi. 

«ons  detached.  cer  of  ^ne  company,  from  which  any  detachment  is  made, 
to  give  immediate  notice  thereof  to  the  person  or  per- 
sons detached,  which  notice  shall  be  in  writing,  signed  by 
the  commanding  officer  of  the  company,  and  read  in  the 
hearing  of  the  person  detached,  or  an  attested  copy 
thereof,  left  at  his  usual  place  of  abode,  by  one  of  the 
sergeants  of  said  company  ;  and  whenever  any  sergeant, 
corporal,  musician,  or  private,  detached  and  notified  as 
aforesaid,  shall  refuse  or  neglect  to  appear,  either  him- 
self, or  by  substitute,  approved  as  aforesaid,  at  the  time 
and  place  appointed  for  the  rendezvous  of  such  detach- 
ment, the  person  so  neglecting  to  appear,  shall  forfeit 

non-appear-       an(j         thesumof  twentv  dollars  into  the  treasury  of  the 
ance  at  rendez-  l    J    ,     ,     ..         ,  .       J,  .,  J       . 

;-ous  •  state,  and  shall  forfeit  and  pay  to  said  treasury,  the  fur- 


Votice  to  per- 


fc'orfeitiire  for 


Title  68.    Militia*  301 

iher  sum  of  twenty  dollars,  for  each  and  every  month  he 

ehal.l  negleci.  to  join  such  detachment,  and  in  the  same  and  for  neglect 

proportion,  for  any  part  of  the  time  he  shall  neglect  to  to  ->oin  detacl> 

join  the  detachment  ;  and  upon  neglect  or  refusal  to  pay  D 

the  aforesaid  penalties  and  forfeitures,  or  any  part  of  the 

same,  he  shall  be  imprisoned  in  the  common  gaol  of  the  j/nf)risontnent 

county,  where  he  resides,  for  a  term  not  less  than  thirty  men"0"  pa> 

days,  nor  exceeding  sixty  days,  at  the  discretion  of  the 

court  before  which  the  conviction  is  had. 

SECT.  38.  When  any  fine  shall  be  incurred.,  by  any  mi-  Parent,  &.c. 
nor,  for  a  breach  of  the  thirty-third  and  thirty-seventh  when  liable 
sections  of  this  act,  the  parent,  guardian  or  master  of 
such  minor,  shall  be  liable  for  the  same,  unless  where 
such  parent,  guardian,  or  master,  shall  make  it  appear, 
that  he  was  not  aiding  in.  or  consenting  .to,  such  neglect 
or  refusal. 

SECT.  39.  Any  officer  or  soldier,  wounded  or  disabled,  VVoundedand 
and  the  widow  and  children  of  any  officer  or  soldier  killed,  disabled,  pro 
while  in  the  service  of  this  state,  shall  be  suitably  provid-  v 
ed  for,  by  the  legislature,   having  respect  to  the  nature 
and  merits  of  such  cas,e. 

SECT.  40.  General,  field,  commissioned  and  staff  of-  Courts-martial 
ficers,  shall  be  subject  to  trial,  by  general  court-martial, 
according  to  the  usage  and  practice  of  war,  for  disobedi- 
ence of  orders,  for  unofliceiiike  conduct,  while  on  duty, 
or  during  any  day  appropriated  to  military  exercise  or  re- 
view.and  for  the  neglect  of  any  duty  imposed  upon  them  by 
law,  as  officers  of  the  militia  ;  which  court-martial  shall 
consist  of  not  less  than  nine,  nor  more  than  thirteen  mem-  how  constitu*- 
bers  ;  and  the  senior  officer,  who  shall  always  be  of  a  ed  > 
rank  superior  to  the  officer  on  trial,  shall  preside.     The      ,  . 

court-martial  for  the  trial  of  an  officer,  under  the  grade 
of  a  field  officer,  shall  be  appointed  by  the  commanding 
officer  of  the  brigade,  to  which  he  belongs  ;  for  the  trial 
of  an  officer  of  the  grade  of  a  field  officer,  except  field 
officers  of  the  artillery,  cavalry,  and  rifle  corps,  by  the 
commanding  officer  of  the  division,  to  which  he  belongs; 
for  the  trial  of  a  general  officer,  and  of  field  officers  in 
the  artillery,  and  rifle  corps,  by  the  captain-general ;  for 
the  trial  of  field  officers  of  the  cavalry,  by  the  major-gen- 
eral of  the  division  to  which  they  are  attached.  In  eve- 
ry court-martial  there  shall  be  a  judge-advocate,  who  judge-advo- 
:shall  discharge,  the  duties  of  that  office,  according  to  the  cate. 
usages  and  practice  in  courts-martial  ;  and  no  other  per- 
sons shall  be  admitted  to  prosecute  or  defend  the  arrest- 
ed officer.  Whenever  a  court-martial  shall  be  ordered, 
the  order  shall  designate  the  time  and  place  of  holding 
the  same,  the  name  of  the  officer  to  preside,  and  the  num- 
ker  and  rank  of  other  officers,  of  which  the  court  is  to  bo 
40 


Title  68.     Militia. 


Form  of  order, 
by  oaptain-gen- 


by  major-gen- 
eral ; 


by  brigadier- 
general. 


composed.  If  the  court  shall  be  ordered  by  the  captain- 
general,  the  orders  shall  be  of  the  tenor  following,  to 
wit : 

State  of  Connecticut,  ss. 

GENERAL  ORDERS. 

A  general  court-martial  is  ordered  to  assemble  at 
on  the         day  of        Anno  Domini,         ,  for  the  trial  of 
such  person  or  persons  as  may  be  brought  before  them, 
to  consist  of         members,  to  be  taken  from  the         di- 
vision, to  wit:        major-generals,        brigadier-generals, 
colonels,          lieutenant-colonels.     Major-general 
will  preside.     The  adjutant  of  the         regiment  will 
furnish  an  orderly  sergeant,  to  attend  and  execute  the  or- 
ders of  the  court. 

(To  be  signed  by  the  captain-general,  or  the  adjutant- 
general.) 

If  the  court  be  ordered  by  a  major-general,  the  orders 
shall  be  of  the  tenor  following,  to  wit : 


State  of  Connecticut,  ss. 

DIVISION  ORDERS  FOR  THE 
OF  MILITIA. 


DIVISION 


A  general  court-martial,  of  said  division  will  assemble 
at         ,  on  the         day  of        ,  Anno  Domini,          ;  for 
the  trial  of  such  person  or  persons  as  may  be  brought  be- 
fore them,  to  consist  of        members,  to  wit :         briga- 
dier-generals,        colonels          lieutenant-colonels,  and 
majors.     Brigadier-general          will  preside.     The 
adjutant  of  the         regiment  will  furnish  an  orderly  ser- 
geant, to  attend  and  execute  the  orders  of  the  court. 
(To  be   signed  by  a  major-general,  or  by  a  division-in- 
spector, by  his  order.) 

If  the  court  be  ordered  by  a  brigadier-general,  the  or- 
ders shall  be  of  the  following  tenor,  to  wit : 


State  of  Connecticut,  ss. 

BRIGADE  ORDERS  FOR  THE 
OF  MILITIA. 


BRIGADE 


at 


A  general  court-martial  of  said  brigade  will  assemble 


on  the         day  of        ,  Anno  Domini, 


for 


the  trial  of  such  person  or  persons  as  may  be  brought  be- 


Title  68.     Militia.  303 

fore  them,  to  consist  of      members,  to  wit :       colonels, 
lieutenant-colonels,  majors,          captains,  and 

subalterns.     Colonel          will  preside.     The  adju- 
tant of  the         regiment,  will  furnish  an  orderly  sergeant, 
to  attend  and  execute  the  orders  of  the  court. 
{To  be  signed  by  the  brigadier-general,  or  by  the  brigade- 
major,  by  his  order.) 
For  a  general  court-martial,  the  adjutant-general  shall  Duty  of  adju- 

detail  and  .notify  all  gene  ral  officers,  and  apportion  the  taiu-^''onil>  m 
«    .i*      *»    c  •  1-1       case  01  a  gencr- 

number  ot  other  officers  required,  to  the  several  brigades  ai  court-mar- 

they  are  to  be  taken  from  ;  and  give  notice  thereof  to  Hal- 
the  respective  division  inspectors,  or  brigade-majors,  who 
shall  detail  and  notify  said  officers,  and  return  make  to 
the  adjutant-general's  office.     In  a  division  court-mar-  Duty  of  divS- 
tial,  the  division-inspector,  or  an  aid-de-camp,  under  the  ["'"aseof  a*^' 
direction  of  the  major-general,  ordering  said  court,  shall  division  court- 
detail  and  notify  the  general  officer  or  officers,  and  appor-  martial. 
tion  the  other  officers  to  each  brigade,  and  give  notice 
thereof  to  the  respective  brigade-majors,  who  shall  detail 
and  notify  the  field  officers,   required  of  their  brigades, 
and  return  thereof  make,  to  the  office  of  the  maior-gcne- 
ral  ordering  said  court.     For  a  brigade  court-martial,  the  Duty  of  bri- 
bngade-ma  or  shall  detail  and  notify  the  field  officers  re-  gade-major,  in 
quired  to  serve  on  said  court,  and  apportion  to  the  several  ^e  court. 
regiments,  in  said  brigade,  the  numbers  of  captains  and  martial, 
subalterns  of  each  regiment,  and  notify  the  respective 
adjutants  ;  and  the  adjutants  of  each  regiment  shall  de- 
tail and  notify  them,  and  return  thereof  make  to  the  bri- 
gade maior  ;  and  if  the  officer  to  be  tried  be  a  general  of-  Officer  accas- 
ficer,  he  shall  be  furnished  with  a  copy  of  the  order  for  nished  wjth 
«aid  court,  and  a  copy  of  the  charges  in  arrest,  by  the  ad-  copies, 
jutaut-general,  or  a  division  or  brigade  inspector,  as  the 
captain-genera!  shall  direct,  thirty  days  before  the  sitting 
of  said  court,  inclusive ;    who   shall  also  make   return 
thereof,  with  the  names   of  the  officers  composing  the 
court,  to  the  judge-advocate  of  the  court ;  and  if  he  be 
of,  or  under,  the  rank  of  a  field  officer,  he  shall  be  fur- 
nished with  like  copies,  twenty  days  before  the  sitting  of 
the  court,  inclusive,  by  a  brigade-inspector,  or  adjutant 
of  the  regiment  to  which  the  arrested  officer  belongs,  as 
the  officer  ordering  the  court  shall  direct,  who  shall  re- 
turn the  same,  and  the  names  of  the  officers  composing 
the  court,  to  the  judge-advocate  of  the  court  ;  and  it  shall  Judge-auVo- 
be  the  duty  of  the  said  judge-advocate,  to  summon,   or  Jjjj  SitnSwJs 
cause  to  be  summoned,  such  witnesses  on  the  part  of  the  forthe  state, 
state,  as  may  be  necessary,  by  subpoena,  signed  by  the 
officer  ordering  the  court,  or  the  president  thereof,  or  the 
said  judge-advocate  ;  and  the  accused  shall  be  entitled  Accused  cnti- 
to  the  like  process,  to  enable  him  to  procure  the  attend- 


,304 


Title  68.     Militia. 


Members  of 
the  court,  how 
detailed. 
Charges  in  ar- 
rest, how  made 
out. 


Oath  of  the 
members  of 
the  court. 


Other  oaths, 
how  adminis- 
tered. 


Judge-advo- 
cates, how  ap- 
pointed ; 

their  duty ; 


and  oatu ; 


by  whom  to  be 
administered, 
and  certified. 


When  a  judg6- 
advocate  of  art 
adjoining  coun- 
ty may  offi- 
^iate. 


arice  of  his  witnesses,  which  process  may  be  served  by  the 
judge-advocate,  or  by  any  disinterested  person,  by  him 
deputed.  The  members  to  compose  the  court,  shall  be 
detailed  by  seniority,  in  a  regular  rotation  of  duty  ;  and 
all  charges  in  arrest,  shall  be  made  out  in  due  form,  by 
way  of  Complaint,  and  signed  by  the  party  complaining, 
addressed  to  the  officer  whose  duty  it  is  to  order  the 
court ;  specifying  the  act  or  neglect,  of  which  the  accus- 
ed is  supposed  to  be  guilty,  and  praying  due  process,  be- 
fore said  officer  shall  order  a  court-martial,  for  the  trial  of 
the  accused  officer.  The  members  of  the  court,  before 
they  enter  upon  the  trial  of  any  person  accused,  shall 
take  the  following  oath,  to  be  administered  by  the  judge- 
advocate.j  to  wit  \  "  You  swear,  that  you  will  truly  try 
and  determine,  according  to  the  evidence  given  in  court, 
the  matters  depending  between  this  state,  and  the  offi- 
cer or  officers  now  to  be  tried  ;  that  you  will  not  divulge 
the  sentence  of  the  court,  until  the  same  shall  have  been 
approved  or  disapproved,  pursuant  to  law  ;  neither  will 
you,  at  any  time,  disclose  the  vote  or  opinion  of  any  mem- 
ber of  the  court,  unless  required  by  due  course  of  law  : 
So  help  you  Got/."  All  other  oaths,  which  it  may  be  ne- 
cessary to  administer,  during  the  court,  may  be  adminis- 
tered by  any  general  or  field  officer,  or  by  the  judge  ad- 
vocate. 

SECT*  41.  There  shall  be  appointed,  and  commissioned, 
by  the  captain-general,  for  each  county,  a  judge-advocate, 
who  shall  do  the  duties  of  that  office,  in  all  courts-martial 
assembled  and  held  in  the  county,  for  which  he  is  ap- 
pointed ;  who  shall  take  the  following  oath,  to  wit ; 
"  You  swear,  that  you  will  not,  at  any  time  whatever,  dis- 
close the  vote,  or  opinion,  of  any  member  of  any  court- 
martial,  in  which  you  may  be  called  to  act,  unless  requir- 
ed, by  due  course  of  law ;  nor  divulge  the  sentence  of  any 
such  court,  till  the  same  shall  have  been  approved  or  dis- 
approved, pursuant  to  law  ;  and  that  you  will,  faithfully 
and  impartially,  do  the  duty  of  judge-advocate,  according 
to  your  best  abilities  :  So  help  you  God."  Which  oath 
may  be  administered  by  any  judge,  or  justice  of  the 
peace,  and  a  certificate  thereof  shall  be  made,  by  such 
judge  or  justice,  on  the  commission  of  the  judge-advocate, 
sworn  as  aforesaid ;  and  the  judge-advocate,  so  appointed 
and  sworn,  shall  hold  his  office,  during  the  pleasure  of  the 
captain-general.  Whenever  the  judge-advocate  of  the 
county,  by  reason  of  interest,  or  relationship  to  any  offi- 
cer to  be  tried,  sickness,  or  any  other  cause,  cannot  act 
in  any  court  martial  to  be  assembled  and  held  in  the 
county,  to  which  he  belongs,  the  officer  ordering  the 


Title  68.     Militia  305 

fcourt,  may  designate  and  order  the  judge-advocate  of  any 
adjoining  county,  to  officiate  in  said  court-martial. 

SECT.  42.  If,  on  trial,  the  accused  shall  except  against  Exception  to 
any  one  or  more  of  the  members  of  the  court,  he  shall  I"embers  °f 
state  the  ground  of  his  objections,  and  if  it  appear  to  the 
court  sufficient,  the  member  or  members  objected  to,  shall 
leave  their  seats  ;  and  if  the  number  remaining  be  less 
than  nine,  the  court  shall  be  adjourned  for  a  reasonable 
time,  that  the  officer  appointing  the  court,  may  detail 
others,  to  supply  the  place  or  places  of  such  members. 
And  no  court-martial  shall  order  any  other  punishment,  Limitation  of 
than  a  fine,  not  exceeding  one  hundred  dollars,  and  repri-  Celnaict^d 'b° 
mand,  or  either  ;  or  a  fine  not  exceeding  one  hundred  a  court-martial, 
and  fifty  dollars,  and  cashiering,  with  disability  of  holding 
any  military  office  in  the  state,  or  either  of  those  punish^ 
ments  ;  and  two  thirds   of  every  court  shall  concur  in 
every  sentence.  N  And  in  case   an  officer  under  arrest,  Arrested  offi- 
shall  refuse  or  neglect  to  attend  a  court-martial,  accord-  a^end^o'lfe10 
ing  to  orders  and  notice  given  him,  he  shall,  by  said  court,  fined  and  cash- 
be  sentenced  to  pay  a  fine,  not  exceeding  two  hundred  iered. 
dollars,  and  be  cashiered,  with  disability  of  ever  holding 
any  military  office  in  this  state,  unless  prevented  by  sick- 
ness, or  some  other  reasonable  cause,  in  which  case,  the 
court  shall  have  power  to  adjourn,  and  notice  thereof 
shall  be  given,  by  the  judge-advocate,  to  the  arrested  offi- 
cer, at  least  ten  days  before  the  day  to  which  the  court 
is  adjourned.     And  the  fines  imposed  by  said  courts-mar-  Fines,  &c.  bo\r 
tial,  shall  be  to  and  for  the  use  of  this  state,  and  shall  be  5?"^edd  "d 
collected  by  a  warrant,  under  the  hand  of  the  president 
of  the  court,  directed  to  a  sheriff,  or  some  other  proper 

officer,  and  be  by  him  paid  to  the  state  treasurer.     And  in  Warrants  for 
i  •   i        ef  L    11  i.  j    j    t          fines,  inc.  t& 

ail  cases  in  which  a  tine  or  costs  shall  be  awarded,  by  a  t,e  signed  by 

court-martial,  and  the  sentence  of  such  court  shall  be  the  president 
approved,  and  the  president  of  such  court  shall  die,   be  or  next  officer 
discharged  or  promoted,  without  having  issued  a  warrant 
for  such  fine  or  costs,  it  shall  be  the  duty  of  the  member 
of  said  court  remaining  next  in  rank  to  said  president,  to 
issue  such  warrant. 

SECT.  43.  If  any  witness,  duly  summoned,  shall  refuse  Witnesses  re- 
to  obey  such  summons,  he  shall  be  committed  to  gaol,  in  ["n"^^^^ 
the  county  where  he  lives,  by  warrant  from  the  president  prisoned, 
of  the  court,  directed  to  a  sheriff,  his  deputy  or  a  consta- 
ble, within  their  respective  jurisdictions,  there  to  be  held 
at  his  own  expense,  until  he  will  conform,  and  give  evi- 
dence in  the  case,  or  be  discharged  by  due  course  of  law. 
And  all  witnesses,  summoned  on  the  part  of  the  state,  and 
the  judge-advocate  for  summoning  them,  shall,  for  travel  Fees  of  wit- 
and  attendance,  have  the  same  fees  as  are  allowed  in  civil  n 
causes,  to  be  taxed  by  the  president  of  the  court ;  which 


Title  68.     Militia. 


bow  paid. 


Fees  of  mem- 
bers of  the 
court. 

Room-rent,  &c, 


Compensation 
of  the  judge- 
advocate  for 
copies,  &c. 


Sentence  to  be 
approved,  or 
disapproved, 
by  the  cap- 
tain-general. 

Record  to  be 
deposited  in 
secretary's 
office. 

Liability  of 
persons  re- 
moving into 
this  slate. 


Fire-men,  how 
far  liable. 


What  officers 
shall  do  duty 
on  horse-back. 


What,  on  foot. 

An  officer  de- 
tached, being 
removed,  fee. 
another  officer 
to  be  detached 
in  his  stead. 


expenses  shall  be  paid  to  the  judge-advocate,  by  the  state, 
and  when  received,  be,  by  him,  paid  over  to  the  persons, 
to  whom  the  money  is  due.  And  if  the  sentence  of  the 
court  is  against  the  accused,  and  the  same  shall  be  duly 
approved,  the  said  expenses  shall,  by  warrant  under  the 
hand  of  the  president  of  the  court,  directed  in  manner 
aforesaid,  be  collected  of  the  delinquent,  and  paid  into 
the  state  treasury.  And  the  members  of  said  court 
shall  be  allowed  nine  cents  per  mile,  for  travel  to  and 
from  the  place  of  holding  said  court,  and  one  dollar 
per  day,  for  each  day  during  its  sitting ;  and  there  shall 
be  allowed  to  the  person,  in  whose  house  the  court  is 
holden,  not  exceeding  two  dollars  per  day,  in  full  of 
room-rent,  fire-wood,  and  candles ;  and  a  bill  of  the  same 
being  taxed  and  signed,  by  the  president,  shall  be  paid 
from  the  state  treasury  ;  and  the  judge-advocate  shall  be 
allowed  twenty-five  cents  for  every  legal  page  of  the 
copy  of  the  proceedings,  and  record  of  the  court-martial, 
to  be  taxed  and  paid  in  the  same  manner.  The  senten- 
ces of  courts-martial  shall  be  approved,  or  disapproved,  by 
the  captain-general,  who  shall  also  have  the  power  of 
mitigating,  or  remitting,  any  punishment,  awarded  by  the 
sentence  of  any  court-martial,  when  such  sentence  shall 
have  been  approved ;  and  the  record  of  the  proceedings 
and  sentence  of  courts-martial,  in  every  case,  with  the 
order  approving  or  disapproving  the  same,  shall  be  de- 
posited in  the  office  of  the  secretary  of  state. 

SECT.  44.  Every  person  who  shall  remove  from  any 
other  state,  into  this  state,  shall  be  liable  to  do  duty  in 
the  militia  thereof,  at  the  same  time,  and  in  the  same 
manner,  as  if  he  removed  from  the  limits  of  one  company 
into  those  of  any  other,  within  this  state. 

SECT.  45.  No  person  liable  to  perform  military  duty, 
in  any  enlisted  company,  and  no  person  under  thirty 
years  of  age,  shall  be  exempted  from  doing  military  duty, 
by  serving  as  a  fire-man,  in  any  company,  constituted  to 
conduct  and  work  a  fire-engine. 

SECT.  46.  All  general  officers  and  their  staff,  the  adju- 
tant-general, the  quarter-master-general,  and  his  assist- 
ants, the  commissary-general,  and  his  assistants,  the  pay- 
master-general, all  field  officers,  and  adjutants,  and 
quarter-masters,  shall  do  duty  on  horse-back  ;  chaplains, 
pay-masters  and  surgeons,  may,  on  days  of  general  re- 
view, appear  on  horse-back  ;  and  all  other  officers  of  in- 
fantry, artillery,  and  rifle-men,  shall  do  duty  on  foot. 

SECT.  47.  If  any  person  holding  a  commission  in  the 
militia  of  this  state,  and  detached  to  hold  himself  in  rea- 
diness for  service,  by  virtue  of  an  act  of  the  United  States, 
has  been,  or,  during  the  period  for  which  the  detach- 


Title  68.    Militia.  307 

•rnent  is  made,  shall  be,  removed  by  death,  disabled,  pro- 
mote'd,  or  discharged  from  such  detachment,  the  com- 
mander in  chief  of  the  militia,  shall  have  authority  to 
cause  some  other  proper  officer  of  the  militia,  to  be  de- 
tached to  serve  in  the  stead  of  the  officer  so  removed, 
disabled,  discharged,  or  promoted. 

SECT.  48.    Whenever  colors  shall  be  wanting  in  any  Colors,  how 
regiment,  they  shall  be  furnished  by  the  quarter-master-  ^befi*n^*" 
general,  with  the  approbation  of  the  captain-general,  up- 
on application  being  made  for  that  purpose,  by  the  com- 
mandant of  the  regiment. 

SECT.  49.  If  upon  any  reorganizations  of  the  militia,  or  Supemumera- 
reduction  of  any  corps  thereto  belonging,  there  shall  be  ry  officers  to 
supernumerary  officers,   they  shall  not  be  considered  as  ra^11^*1' 
dismissed,  but  shall  retain  their  rank,  be  considered  in 
the  line  of  promotion,  and  be  liable  to  fill  any  vacancies 
that  may  happen,  at  the  discretion  of  the  captain-gene- 
ral. 

SECT.  50.  The  commanders  of  the  several  companies  Companies  of 
of  guards,  are  hereby  authorized,  with  the  approbation  guards,  how 
of  the  captain-general,  to  enlist  men  from  time  to  time,  e 
to  fill  their  companies,  from  any  of  the  battalion  compa- 
nies ;  and  said  commanders  of  the  guards,  are  hereby  sev- 
erally empowered  to  enlist,  from  time  to  time,  as  may  be 
necessary,  from  any  of  the  militia  companies,   suitable 
persons  to  be  musicians  for  their  companies,  respectively; 
but  no  enlistment  shall  be  thus  made,  from  any  militia 
company,  of  any  person  appointed  and  acting  as  a  musi- 
cian in  such  company. 

SECT.  51.  The  commanding  officer  of  any  company  of  Commander  of 
guards,  shall  have  power  to  order  the  musicians,  or  any  £r(jer  mus£ 
part  of  them,  belonging  to  his  company,  to  assemble  at  cians  to  assem- 
such  times  and  places  as  he  shall  direct,  for  practice  and  b.!e  for  Prac" 
instruction,  not  exceeding,  together  with  the  number  of 
days  such  musicians  shall  be  called  to  do  duty  with  their 
company,  the  whole  number  of  days  which  said  company 
may,  by  law,  be  called  out  for  company  exercise  ;  and  if 
any  musician  shall  neglect  or  refuse  to  obey  such  order, 
he  shall  be  liable  to  the  same  fine  as  is,  or  shall  be.  pro- 
vided by  law,  for  non-attendance  on  days  of  ordinary 
company  exercise ;   and  such  musician  shall  have  the 
same  right  to  appeal,  as  is  given  to  him  by  law  in  other 
cases. 

SECT.  52.  The  commanding  officer  of  any  company  o 
guards,  is  hereby  authorized  and  empowered,  to  dismiss  guar(jg, 
from  his  company  every  non-commissioned  officer,  musi- 
cian and  private,  belonging  thereto,  who  shall  be  guilty 
or  gross  neglect  of  duty,  disobedience  of  orders,  or  unsol- 
dier-like  behavior ;  and  thereupon,  the  person  so  d»smis- 


308 


Title  69.      Mitts. 


Power  of  the 
captain-gen- 
eral  in  relation 
to  uniform  ; 

badges  ;        . 
the  discharge 

rank  of  regi- 
ments  ; 

rank  of  compa- 
nies  ; 

local  limits  of 
companies  ; 


delegation  of 
authority  to 
generals,  fcc. 

Co  ies   f 
turns  to  belaid 
before  the  le- 


Secretary  to 


general  of  ap- 
ppiDtments,kc, 


•D  .       ,.  ,, 

Kates  of  toll 

regulated. 


sed  shall  be  liable  to  do  military  duty  in  the  same  man- 
ner, as  if  he  had  never  enlisted  into  such  company  of 
guards  ;  and  upon  notice  of  such  dismission,  by  the  officer 
giving  the  same,  to  the  commanding  officer  of  the  militia 
company,  within  the  limits  of  which  the  person  so  dismis- 
sed, shall  reside,  it  shall  be  the  duty  of  such  commanding 
officer,  to  cause  such  person  to  be  enrolled  in  his  compa- 
ny, immediately.  But  if  any  such  non-commissioned  of- 
ficer, musician,  or  private,  shall  be  aggrieved,  by  being 
dismissed  as  aforesaid,  he  may,  within  thirty  days,  after 
receiving  notice  of  his  dismission,  appeal  to  the  captain* 
general,  who  is  hereby  authorized  to  examine  into  the 
matter,  and  finally  to  annul  or  confirm  such  dismission, 
SECT.  53.  The  captain-general  is  hereby  fully  author- 

jzc(j  an(j  empowered,  to  establish  uniforms  for  such  corps, 

,  ./.  -    LV  i_     i  j- 

as  nave  not  an  unnorm  established  according  to  law  ;  to 

make  such  alterations  in  the  uniform  dress  of  the  flank 
companies  of  infantry,  as  from  time  to  time  he  may  deem 
expedient;  to  designate  badges  for  all  officers  of  the  mi- 
jj^a?  wnj,ch  badges,  and  none  other,  shall  be  worn  by  such 
officers,  when  in  uniform,  and  on  duty  ;  and  he  is  hereby 
^u^7  authorized  to  discharge  commissioned  officers,  stafH 
officers  and  sergeants  ;  to  settle  the  rank  of  regiments, 
a*  *ne  time  °f  forming  them,  and  number  the  same  ;  to 
settle  the  rank  of  companies  in  each  regiment,  at  the  time 
of  forming  them,  and  number  the  same  ;  to  alter  the  local 
limits  of  companies,  and  to  form  and  reduce  companies. 
as  the  interest  of  the  militia  may  require,  consistently 
with  the  laws  of  this  state,  and  of  the  United  States  ;  to 
delegate  to  major-generals  and  brigadier-generals,  the 
pOwer  to  dismiss  officers  :  and,  generally,  to  exercise  all 
*ne  Powers  necessary  to  carry  intp  effect,  the  provisions 
of  this  act.  And  he  is  requested  to  cause  official  copies 
of  the  annual  and  inspection  returns  of  the  militia,  to  be 
k"^  Before  tne  legislature,  at  their  session  in  May.  an- 
nually. 

SECT.  54.  It  shall  be  the  duty  of  the  secretary  of  this 

state'  witnin  one  w^ek  after  the  rising  of  the  general  as- 
sembly,  to  make  a  return  to  the  adjutant-general,  of  all 
such  general  or  field  officers,  as  shall  have  been  discharg- 
ed or  Appointed,  at  such  session. 

TITLE  69.    Mills. 
An  Act  concerning  Mills  and  Millers. 

E  it  enacted  by  the  Senate  and  House  of  Rep* 

*•        •    r>  i  a          n  J 

_         resentatives  m  General  jJssemoly  convened. 
r*.  ,          iiir         •    j»  i_  L     u 

-i  bat  any  miller,  may  take  as  toll,  tor  grinding  each  bushr 

el  of  Indian  corn,  three  quarts  thereof;  for  breaking  and 


SECT.  1. 


Title  70.     Newgate.  309 

grinding  each  bushel  of  Indian  corn  in  the  ear,  four 
quarts  thereof;  and  for  grinding  each  bushel  of  other 
grain,  except  malt,  he  may  take  two  quarts  thereof ;  and 
for  grinding  each  bushel  of  malt,  he  may  take  one  quart 
thereof,  and  no  more;  and  for  grinding  each  bushel  of 
provender,  composed  of  different  kinds  of  grain,  two 
quarts  thereof;  and  for  bolting  each  bushel  of  meal,  he 
may  take  one  pint,  and  no  more. 

SECT.  2.  If  any  miller  shall  take  or  receive  a  greater  Penalty  for 
fee,  or  toll,  for  grinding  or  bolting,  than  is  herein  allowed  {ha^fheTe'jraf 
;md  stated,  he  shall  forfeit  and  pay  the  sum  of  two  dollars,  rate  of  toll, 
for  each  time  he  shall  be  found  guilty  thereof,  one  half 
to  him  who  shall  sue  for  the  same  to  effect,  and  the  other 
half  to  the  treasurer  of  the  town,  where  the  offence  shall 
be  committed. 

SECT.  3.  And  there  shall  be  provided  for  each  grist-  Sealed  meas,- 
mill,  by  the  owner  or  owners  thereof,  the  following  seal-  vkiecKor  each 
ed  measures,  to  wit :  one  of  a  pint,  one  of  a  quart,  and  mill, 
one  of  two  quarts,  for  toll  measures  ;  with  an  instrument 
to  strike  the  same  ;  and   the  measures  shall   always  be 
striken,  when  toll  is  taken  for  the  grinding  or  bolting  of 
grain,  at  a  mill. 


TITLE  70.     Negate. 
An  Act  concerning  Newgate  Prison. 

1     TTJE  ^  enacte,d  by  the  Senate  and  House  of  Rep- 
_U  resentatives,  in  General  Assembly  convened, 

That  the  cavern,   land,  buildings  and  appurtenances  be-  Newgate  prison 
,  in  Granby,  called  Newgate  Prison,  work-hou^e 


longing  to  this  state, 

shall  be  and  remain  a  public  gaol  and  workhouse,  for  the  and  prison,  feu- 
use  of  this  state,  and  shall  be  kept  and  maintained  in  good  tne  state- 
and  sufficient  repair,  at  the  expense  of  this  state.  Overseers 

SECT.  2.  There  shall  be  three  overseers  of  said  prison, 
appointed  from  time  to  time,  by  the  general  assembly,  as 
there  may  be  occasion  ;  who  are  authorized  and  empow-  Keeper  of  the 
ered  to  appoint  a  master  or  keeper  of  said  prison,  as  of-  prison. 
ten  as  may  be  necessary  ;  which  master  or  keeper  shall 
be  subject  to  be  removed,  at  the  pleasure  of  said  over- 
seers ;  and  said  master  or  keeper  shall  be  assisted  with  Guar<J- 
such  number  of  men,  not  exceeding  twenty  including  of- 
ficers, at  the  discretion  of  said  overseers,  in  safe-guard- 
ing said  prisoners,  and  keeping  them  at  hard  labor. 

SECT.  3.  The  master  or  keeper  of  said  prison,  shall  fru^  relatfon 
keep  all  such  persons  as  have  been,  or  shallbe,  sent  there,  to'prisoaers. 
by  warrant  from  lawful  authority,  to  such  labor  as  they 

II 


Title 


Newgate. 


to  overseers. 


Duty  of  over- 
seers. 


shall  be  capable  of  doing,  and  as  shall  be  directed  by  said 
overseers,  for  such  time  as  they  shall  be  sentenced  to  re- 
Powerofin-  main  therein  ;  and  may  confine  them  at  their  labor,  01 
melrt?  PUf  "  P»""sh  them,  by  putting  fetters  and  shackles  on  them,  and 
by  moderate  whipping,  not  exceeding  ten  stripes  for  any 
one  offence  ;  which  punishment  may  be  inflicted,  in  case 
they  be  stubborn  or  disorderly,  or  do  not  well  and  faith- 
fully perform  their  task,  as  they  shall  be  reasonably  re- 
quired, or  in  case  they  shall  not  submit  to  such  rules  and 
orders  as  shall  be,  from  time  to  time,  established,  for  the 
well-ordering  and  governing  of  the  same. 

Keeper  to  ren-       SECT.  4.  The  master  or  keeper  shall,  whenever  requir- 
der  his  account  e(j  by  said  overseers,  render  his  account  to  them,  of  the 

7  n    f\  \i  n  t»o  o  o  i*a  _      _         ^  ' 

labor  and  earnings  ol  such  prisoners,  and  for  the  materi- 
als which  lie  shall  receive,  to  be  wrought  by  said  prison- 
ers, or  any  persons  employed  with  them,  and  pay  and  de- 
liver to  said  overseer  the  amounts  thereof. 

SECT.  5.  The  overseers  for  the  time  being,  shall  pro- 
vide for  such  prisoners  necessary  and  suitable  food  and 
clothing,  and  also  such  tools,  implements  and  materials 
as  shall  be  proper  for  employing  and  keeping  such  pris- 
oners to  work  ;  and  shall  also  provide  for  the  relief  of 
any  sick  or  weak  prisoner,  and  shall  be  paid  for  the 
same,  out  of  the  earnings  of  said  prisoners,  if  the  same  be 
sufficient,  and  if  not,  the  surplus  shall  be  paid  out  of  the 
treasury  of  the  state.  And  said  overseers  for  the  time 
being,  are  empowered  and  directed  to  dispose  of  the  pris- 
oners committed  to  said  prison,  when  not  employed  in 
labor,  in  the  caverns,  in  the  apartment  called  the  stone 
prison,  and  in  the  house  called  the  upper  prison,  either 
by  classes,  or  in  solitary  cells,  as,  in  their  opinion,  will 
most  conduce  to  the  order  and  safety  of  said  prison,  to 
limit  the  influence  of  bad  examples  and  counsels  among 
the  prisoners,  and  to  promote  their  return  to  the  practice 
and  habits  of  virtue  ;  and  it  shall  be  the  duty  of  said 
overseers  to  confine  such  sick  prisoners,  as  from  time  to 
time  may  need  special  attention,  in  the  building  called 
the,  hospital. 

SECT.  6.  The  overseers  shall  keep  true  accounts  of 
-  their  conduct  in  that  capacity,  and  shall,  annually,  in  the 

ly-  month  of  May,  settle  and  adjust  said  accounts  with  the 

comptroller  of  this  state,  or  with  such  other  person  or 
persons  as  the  general  assembly  may,  from  time  to  time, 
appoint  for  that  purpose,  and  oftener,  if  they  shall  be 

To  make  rules  thereto  required.      And  said  overseers  shall  and  may 

lor  governing  ,         ,, 

prisoners.  make  all  necessary  rules  and  orders  for  governing  such 
persons  as  may  be  committed  to  said  prison  ;  and  such 
rules  and  orders  shall  be  offeree,  and  shall  be  duly  exe- 
cuted. And  said  overseers,  in  their  own  name,  as  over- 


Overseers  to 

settle    their  ac- 


Title  I'd,     Newgate.  311 

*eers,  may  institute,  and  prosecute  to  final  judgement,  in  Overseers  may 

any  court  of  law  or  equity,  any  suit   or  suits,  for  the  re-  s"e  '"  l^eir 
,. ,,       11.  '  i       •          1-11  f,  o\vu  name, 

covery  ot  the  debts  now  due.  or  which  hereaiter  may  be 

due  and  accruing  to  said  overseers,  on  any  contract  made 
in  relation  to  the  concerns  of  said  prison. 

SECT.  7.  The  overseers  shall  be.  and  they  hereby  are  TO  make  rules 
authorized  and  directed  to  make  such  rules  and  regula-  for  governing 
tions  for  the  government  and  punishment  of  the  guard.  the  &uard- 
•is  they  shall  judge  proper:  provided  that  no  punishment  Proviso,  limif- 
-hall  be  inflicted  on  any  of  them,  by  force  of  such  reimla-  Ing  Punisll~ 

J  J  nient. 

tions,  except  amercement,  and  to  an  amount  not  exceed- 
mg  three  months'  wages,  and  their  cloathing  supplied  by 
the  state  :  and  also,  to  make  such  rules  and  regulations,  Rules  relative 
relative  to  spectators,  and  others,  who  may  be  admitted  lo  &Pectators- 
within  the  piquets,  or  who  shall  be  found  lurking  without 
the  piquets,  as  the  case  may  require  ;  and  to  enforce 
such  regulations,  by  rendering  the  offenders  liable  to  be 
apprehended,  to  be  put  under  guard,  to  be  turned  out  of 
the  prison-yard,  and  secluded  from  the  environs  of  the 
prison,  or  in  case  of  obstinacy,  or  apparent  design*  of  as- 
sisting the  prisoners  to  escape,  either  by  force  or  fraud, 
to  be  confined  in  any  suitable  apartment  of  the  prison, 
except  the  caverns,  until  they  can  be  otherwise  disposed 
of  according  to  law  ;  provided,  that  no  person,  so  confin- 
ed, shall  be  held  in  confinement,  by  virtue  of  such  regu- 
lations, for  any  alleged  breach  thereof,  for  a  longer  peri- 
od than  twenty-four  hours. 

SECT.  8.  If  any  prisoner,  at,  or  after  the  time  of  con-  In  what  cases, 
rinement  for  which  he  was  sentenced,  shall  be  retained  in  jj^^for  cosls 
prison,  solely  on  account  of  the  costs  of  prosecution,  and  may  bedis- 
such  prisoner,  in  the  opinion  of  said  overseers,  shall  be  charged, 
unable  to  satisfy  said  costs,  and  it   shall  appear  to   said 
overseers,  that  he  has  conducted  well  during  the  period  of 
his  confinement,  or  if  he  shall  be  unable  to  labor,  the  mas- 
ter or  keeper  of  said  prison.by  the  consent  and  advice 
of  the  overseers,  shall  be,  and  hereby  is  authorized  to 
accept  the  note  of  such  prisoner,  for  the  amount  of  said 
costs,  payable  to  the  treasurer  of  this  state,  for  the  time  be- 
in^,  and  thereupon  to  discharge  said  prisoner  from  con- 
finement.    But  if  such  prisoner,  in  the  opinion  of  said 
overseers,  has  not  conducted  well,  during  the  period  of 
his  confinement,  and  shall  be  able  to  labor,  said  overseers 
may  direct  the  master  or  keeper  of  the  prison  to  hold  him  or  held  in  ser 
in  service,  within  said  prison,  and  for  such  term  as  may  vice, 
be  limited  by  said  overseers,  to  pay  said  costs  ;  who  are 
directed  to  allow  such  prisoner  customary  journeyman's 
wages  for  like  services  and  the  master  or  keeper  ot  the 
prison  shall  have  power  to  confine  such  prisoner  at  his 


312 


Title  7 1 .     Motes  and  Bills. 


Expenses  of  re- 
caption, after 
escape,  to  be 
added  to  ori- 
ginal costs. 


Newgate  prison 
may  be  used  for 
United  States' 
prisoners. 


Keeper  and 
guard  protect- 
ed from  arrest 
on  civil  pro- 
cess. 


Proviso,  as  to 

discharging 

them, 


Proviso,  as  to 
statute  of  limit- 
ations. 


labor,  so  far  as  the  safe-keeping  of  the  prisoners,  in  gener- 
al, may  demand. 

SECT.  9.  If  any  prisoner  shall  make  his  escape,  and 
shall  be  retaken,  and  recommitted,  the  necessary  expen- 
ses of  pursuit  and  recommitment,  to  be  allowed  by  the 
overseers,  shall  be  added  to  the  original  costs  of  prosecu- 
tion, and  be  subject  to  the  provisions  of  law  relating  to 
said  original  costs  ;  and  in  every  case  of  recommitment, 
the  time  elapsed  between  the  escape  and  recommitment, 
shall  not  be  computed  as  part  of  the  term  of  imprison- 
ment for  which  such  prisoner  is  sentenced. 

SECT.  10.  Newgate  prison  may  be  used,  under  the 
authority  of  the  United  States,  for  the  purpose  of  confin- 
ing and  safe-keeping  any  prisoner  or  prisoners,  who  may 
have  been,  or  hereafter  may  be,  sentenced  to  imprison- 
ment and  labor,  in  any  court  of  the  United  States,  within 
the  district  of  Connecticut,  for  the  violation  of  any  act 
or  acts  of  the  congress  of  the  United  States :  Provided 
always,  that  the  expense  of  supporting  and  confining  such 
prisoner  or  prisoners  in  said  newgate  prison,  shall,  in  all 
cases,  be  paid  by  the  United  States. 

SECT.  11.  The  master  or  keeper  of  new-gate  prison, 
and  the  officers  and  privates  of  the  guard  under  his  com- 
mand, shall  not  be  liable  to  arrest  and  imprisonment  on 
mesne  process,  or  execution,  in  any  civil  suit,  for  and 
during  the  period  of  their  respective  service  at  said  prison. 
Provided  nevertheless,  that  whenever  a  demand  shall  be 
made  against  any  such  master,  officer  or  private,  to  the 
amount  of  fifty  dollars,  it  shall  be  the  duty  of  the  overseers 
of  said  prison,  if,  on  enquiry,  they  shall  be  satisfied  that 
such  demand  is  bonajide,  and  not  arising  from  fraud  or 
collusion,  to  discharge  such  officer  or  private,  as  soon  as 
the  safety  of  the  prison  will  admit.  Provided  also,  that 
no  statute  of  limitation  shall  run  in  favor  of  such  master, 
officer  or  private,  during  the  period  of  his  service  at  said 
prison. 


TITLE  7 1 .     Motes  and  Bills. 


What  notes 
shall  be  nego- 
tiable1; 


An  Act  concerning  Promissory  Notes  and  Bills 
of  Exchange. 


.. 


T3 

J_3 


enacted,  by  the  Senate  andHouse  of  Rep- 
resentatives,  in  General  Assembly  convened, 
That  all  promissory  notes,  duly  executed,  to  the  amount 
of  thirty-five  dollars,  or  more,  for  the  payment  of  money 
only,  and  made  payable  to  any  person  or  persons,  or  his, 


'1  'itk  1 1 .     Notes  and  Bills.  3 1 3 

'tier  or  their  order,  or  to  the  bearer,  shall  be  assignable 
and  negotiable,  according  to  the  custom  of  merchants, 
and  the  law  relating  to  inlalid  bills  of  exchange  :  Provid- 
ed, that  nothing  in  this  act  contained  shall  be  construed  Proviso,  as  to 
to  vary  the  jurisdiction  of  the  court,  in  relation  to  the  •>Vrisdiction  ot 
maker  of  such  promissory  note  ;  and  provided  also,  that 
this  act  shall  not  be  construed  to  authorize   any  person 
or  persons,  to  issue  bills  of  credit,  to  be  used  as  a  gener- 
al currency,  or  medium  of  trade,  in  lieu  of  money.  as  l?. bllls  oi 

SECT.  2.  Whenever  any  bill  of  exchange,  hereafter  to 
be  drawn  or  negotiated  within  this  state,  upon  any  person  in  what  cases 
or  persons,  of,  or  in  any  state,  territory,  or  district  of  the  damages  shall 
United  States,  shall  be  returned  unpaid,  and  shall  have  be  Pe>'able 
been  duly  protested   for  non-payment,  in  the  manner 
usual  in  cases  of  foreign  bills  of  exchange,  the  person  or 
persons  to  whom  the  same  shall  or  may  be  payable,  shall 
be  entitled  to  recover  and  receive  of  and  from  the  draw- 
er or  drawers,  or  the  endorser  or  endorsers,  of  such  bill 
of  exchange,  the  damages   hereafter  specified,  over  and 
above  the  principal  sum  for  which  such  bill  of  exchange 
shall  have  been  drawn,  together  with  lawful  interest  on 
the  aggregate  amount  of  such  principal  sum  and  damages, 
from  the  time  at  which  notice  of  such  protest  shall  have 
been  given,  and  the  payment  of  the  said  principal  sum  and 
damages  shall  have  been  demanded  ;  that  is  to  say,  if  such 
bill  shall  have  been  drawn  upon  any  person  or  persons  of, 
or  in  the  city  of  New-York,  in  the  state  of  New-York, 
two  per  cent  upon  the  principal  sum   specified  in   such  Rates  of  dam- 
bill  ;  if  upon  any  person  or  persons  of,  or  in  the  states  of a§es 
New-Hampshire,  Vermont,  Maine,  Massachusetts,  Rhode- 
Island,  New- York,  (excepting  the  city  of  New- York.) 
New-Jersey,  Pennsylvania,  Delaware,  Maryland  or  Vir- 
ginia, or  of  or  in  the  district  of  Columbia,  three  per  cent 
upon  such  principal  sum;  if  upon  any  person  or  persons 
of  or  in  the  states  of  North-Carolina,  South-Carolina, 
Ohio,  or  Georgia,  five  per  cent  upon  such  principal  sum  ; 
or  if  upon  any  person  or  persons  of  or  in  any  other  state, 
territory,  or  district  of  the  United  States,  eight  per  cent 
upon  such  principal  sum  ;  such  damages,  so  to  be  recov- 
ered and  received,  to  be  in  lieu  of  interest,  and  all  other 
charges,  to  the  time  at  which  the  notice  of  such  protest  Damage,  what 
and  demand  of  payment  as  aforesaid  shall  have   been  In  lieu  of> 
made  and  given  as  aforesaid ;  and  the  amount  of  such  bill, 
and  the  damages  payable  thereon,   as  above  specified, 
shall  be  ascertained  and  determined  without  any  refer- 
ence to  the  rate  of  exchange  existing  at  the  time  of  such  How  a«certai«- 
notice  and  demand  of  payment  as  aforesaid. 


• 
314  Title  72.     Nuisances. 


dmited  a°sbe  SECT*  3*  Protes"ts  of  inland  bills  of  exchange  and  pro 
prima  facile  v-  missory  notes,  protested  without  this  state,  shall  be  ad- 
fdence.  mitted  as  prima  facie  evidence  of  the  facts  therein  con~ 

tained. 

TITLE  72.     Nuisances. 

An  Act  to  prevent  and  remove  Nuisances  in 
Highways,  Rivers,  and  Water-courses. 

1     JK^  lt  enacied  ty  the  Senate  and  House  of  Rep- 
JLP  resentatives,  in  General  Assembly  convened, 

What  shall  con-  That  if  any  person  or  persons  shall  lay,  or  cause  to  be 

stitute  a  nut-        i   •  j    •  i  •  i  •     i 

sance.  laids  in  anJ  nighway,  stones,  trees,  timber,  wood,  rubbish, 

or  any  other  thing,  or  shall  dig  up  the  ground,  or  shall  set 

up  any  gates,  bars,  rails  or  fence  across  such  highway,  or 

erect  any  buildings  therein,  by  which  the  passage  of  trav- 

ellers shall  be  obstructed,  prevented,  or  endangered,  or 

such  highway  annoyed,  or  in  any  way  incumbered,  the 

same  shall  be  deemed  a  common  nuisance,  and  it  shall  be 

lawful  for  any  person  or  persons  to  remove  them  as  such  ; 

Penalty.  an(j  every  person  so  offending,  shall  forfeit  the  sum  of 

four  dollars,  one  half  to  him  who  shall  prosecute  to  effect, 

and  the  other  half  to  the  treasury  of  the  town  where  the 

offence  is  committed  :  and  the  court  before  whom  a  con- 

Removal  of       viction  is  had,  shall  order  the  defendant  to  remove  such 

nuisances.          nuisance  within  thirty  days,  and  on  failure  thereof,  the 

same  shall  be  removed,  by  any  constable  of  the  town,,  at 

the  expense  of  the  defendant  ;  and  such  court  may  ascer- 

tain and  tax  such  expense,  and  issue  an  execution  for  the 

Proviso.  same  :  provided,  that  this  act  shall  not  be  construed  to 

extend  to  turnpike  gates,  buildings  and  fences,  authorized 

to  be  erected  by  the  general  assembly. 

Encroach-  SECT.  2.  If  any  person  has,  within  the  space  of  fifteen 

ments  on  high-  years  prior  to  the  first  day  of  June,  one  thousand  eight 
moved  **"  hundred  and  nine,  or  since  that  time,  taken,  or  shall 
take  any  part  of  a  highway  into  his  field  or  inclosure, 
or  erect  any  fence  thereon,  in  such  manner  that  said  high- 
way is  made  narrower  than  before,  the  select-men  of  the 
town  wherein  the  offence  is  committed,  or  a  committee 
appointed  by  the  town  for  that  purpose,  (and  every  town 
is  hereby  authorized  to  make  such  appointment,)  are  di- 
rected and  empowered  to  give  notice  or  warning  to  the 
person  or  persons  so  offending,  to  remove  such  fence  or 
encroachment,  within  a  reasonable  time,  not  exceeding 
one  month  after  such  notice  ;  and  if  they  neglect  to  re- 
move such  fence  or  encroachment,  then  the  select-men, 
or  committee,  shall  remove  the  same,  and  shall  have  right, 


Title  72.     Nuisances. 

in  a  proper  action,  to  recover  the  expense  thereof,  from 
the  person  or  persons  making  such  encroachment. 

SECT.  3.  If  the  person  who  erected  the  encroachment  Penalty  for 
30  removed,  shall  take  in,  by  a  fence,  the  same,  or  a  rePeat'ng  the 
greater  or  less  part  of  the  highway,  where  his  fence  has  offence 
been  removed  as  aforesaid,  he  shall  incur  the  penalty  of 
seven  dollars,  for  every  such  offence,  as  often  as  repeat- 
ed, one  half  to  the  select-men,  or  committee,  who  gave 
the  warning  and  removed  the  fence,  and  who  shall  prose- 
cute to  effect,  and  the  other  half  to  the  treasury  of  the 
county  where  the  offence  is  committed  ;  and  where  the 
prosecutions  is  against  the  owner  of  the  inclosure  into 
which  the  highway  is  taken,  he  shall  be  deemed  guilty 
thereof,  on  proof  that  part  of  the  highway  has  been  so  in- 
closed, unless  he  can  satisfy  the  court,  that  it  was  not 
done  by  him,  or  by  his  procurement  or  consent.  And 
when  such  fence  has  once  been  removed,  it  shall  be  law- 
ful for  the  select-men,  or  committee,  to  remove  it,  as  of- 
ten as  it  shall  be  erected  again,  without  further  notice  or 
warning. 

SECT.  4.  If  any  person  or  persons  shall  dam,  stop  or  Obstructing  or 
obstruct  any  river,  brook,  stream,  or  run  of  water,  or  di-  dlvertID8  wa- 
vert  the  same  from  its  natural  course,  to  the  prejudice  dYdw- 
of  any  person,  without  liberty  from  the  town,  where  such  sance. 
town  has  a  right  to  grant  it,)  such  obstruction  shall  be 
deemed  a  common  nuisance,  and  may  be  removed  as 
such ;  and  the  person  or  persons  so  offending,  shall  forfeit 
and  pay  one  dollar  per  week,  for  every  week  such  nui-  Penally, 
sonce  shall  continue,  one  half  to  him  who  shall  prosecute 
to  effect,  and  the  other  half  to  the  town  treasury  where 
the  offence  is  committed.     Provided,  that  this  act  shall  Proviso-,  as  to 
not  be  construed  to  extend  to  any  dam  for  a  mill  or  oth- 
er use,  whereby  no  special  damage  accrues  to  any  person : 
and  if  any  person  or  persons  shall  remove,  break,  or  in-  & 
jure  a  mill-dam  as  a  public  nuisance,   and  in  an  action 
brought  for  the  same,  it  shall  appear  not  to  be  a  public 
nuisance,  he  or  they  shall  pay  to  the  party  aggrieved 
double  damage  and  double  costs.     Provided  also  that  this  f.r™*°> as  to 
act  shall  not  be  construed  to  extend  to  any  right  claimed  "s  *  yus 
by  use  and  possession  for  fifteen  years,  agreeably  to  the 
principles  of  the  common  law. 

SECT.  5.  No  person  shall,  from  any  ship,  vessel  or  boat,  Ballast  not  to 
cast  out  any  ballast,  or  other  heavy  material,  into  any  a^  ^"op1* 
channel,  or  other  place,  that  will  obstruct  or  incommode  harbor, 
the  navigation  of  any  river  or  harbor  within  the  state, 
Upon  the  penalty  of  forfeiting  seventeen  dollars  to  the  Penalty. 
use  of  the  town  where  the  offence  is  committed. 

SECT.  6.  No  person  or  persons  shall  cast,  or  cause  to  What  obsfrnc- 
be  cast,  into  Connecticut  river,  any  baljast,  or  other  *' 


316 


Title  73.     Oat  it*. 


necticut  river,    heavy  materials,  from  any  ship,  vessel,  or  oilier  walcr- 

shallconsti-       craft    nor  sink,  nor  cause  to  be  sunk,  in  said  river,  any 
tute  a  nui-  .  .    .      ••          .  J 

sance.'  stone  or  limber,  or  other  materials,  ior  the  purpose  oi 

obstructing  the  water,  or  turningit  from  its  natural  course, 
or  for  the  purpose  of  making  any  island  or  islands  in  said 
river,  or  increasing  the  magnitude  of  such  as  have  been 
formed  :  and  every  person  so  offending  shall  be  deemed 
to  be  guilty  of  a  nuisance,  and,  on  conviction,  shall  be 
sentenced  to  pay  the  expense  of  removing  the  same,  and 
shall  further  be  punished  by  fine,  at  the  discretion  of  the 
court,  not  exceeding  five  hundred  dollars  :  Provided,  that 
rights8  certa'n  this  act  shall  not  be  construed  to  impair  any  right  or  privi- 
lege, granted,  by  act  of  assembly,  to  the  Union  Company ; 
or  the  right  of  wharfing,  already  vested  in  individuals; 
or  the  right  of  securing  the  lands  of  proprietors  adjoining 
the  river. 


Punishment. 


Proviso,  pro- 


TITLE  73.     Oaths. 

An  Act  prescribing  the  forms  of  certain  Oaths. 
to  be  used  in  this  State. 


SECT.   1 


!E  it  enacted  by  the  senate,  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
Forms  of  oaths  That  the  several  forms  of  oaths  herein  prescribed,  be  and 
;  °r  the  same  are  hereby  established,  to  be  taken  by,  and  ad- 
ministered to,  the  several  and  respective  officers  and  per- 
sons, for  whom  they  are  appointed,  as  follows,  to  wit : 


Electors. 


Examiners  of 
electors. 


For  Electors. 

SECT.  2.  You  A.  B.  do  solemnly  swear,  or  affirm,  as 
the  case  may  be,)  that  you  will  be  true  and  faithful  to  the 
state  of  Connecticut,  and  the  constitution  and  government 
thereof,  as  a  free  and  independent  state,  and  to  the  con- 
stitution of  the  United  States  ;  and  whensoever  you  shall 
be  called  to  give  your  vote  or  suffrage,  touching  any  mat- 
ter that  concerns  this  state,  or  the  United  States,  you  will 
give  it,  as  you  shall  judge  will  conduce  to  the  best 
good  of  the  same,  without  respect  of  persons,  or  favor  of 
any  man  :  So  help  you  God. 

For  Examiners  of  the  qualification1;  of  Electors. 
SECT.  3.  You  do  solemnly  swear,  (or  atlirm,  as  the  case 
may  be,)  that  you  will  faithfully  discharge,  accord  i 
law,  the  duties  of  the  examiners  of  the  qualificatioiiS  of 
tlectors,t  o  the  best  of  your  abilities :  So  help  you  God, 


Title  73.     Oaths.  317 

for  the  State  Treasurer,  the  Secretary,   the  Comptroller,  Treasurer, 

and  for  Constables. 

SECT.  4.  You  do  solemnly  swear,  (or  affirm,  as  the  case 
may  be,)  that  you  will  support  the  constitution  of  the 
United  States,  and  the  constitution  of  the  state  of  Con- 
necticut, so  long  as  you  continue  a  citizen  thereof;  and 
that  you  will  faithfully  discharge,  according  to  law,  the 
duties  of  the  office  of  ,  to  the  best  ofyour  abilities : 

So  kelp  you  God. 

For  Grand-jurors  impannelled  in  court.  Grand-juror*. 

SECT.  5.  You  do  swear,  by  the  name  of  the  everliving 
God,  that  you  will  diligently  enquire  after,  and  due  pre- 
sentment make,  of  all  breaches  of  law  that  shall  come  to 
your  knowledge,  according  to  your  charge  -,  the  secrets 
of  the  cause,  your  own,  and  your  fellows',  you  will  duly 
observe  and  keep ;  you  will  present  no  man  from  envy, 
hatred,  or  malice ;  neither  will  you  leave  any  man  un- 
presented,  from  love,  fear,  or  affection,  or  in  hope  of  re- 
ward ;  but  you  will  present  cases  truly,  as  they  come  to 
your  knowledge,  according  to  the  bestofyourunderstand- 
ing,  and  according  to  law  :  So  help  you  God. 

For  Petit-jurors  in  criminal  causes.  Jurors  in  crim 

SECT.  6.  You  swear,  by  the  name  of  the  dverliving  inalcauses. 
God,  that  without  respect  of  persons,  or  favor  of  any  man, 
you  will  well  and  truly  try,  and  true  deliverance  make, 
between  the  state  of  Connecticut,  and  the  prisoner  at  the 
bar,  whom  you  shall  have  in  charge,  according  to  law. 
and  the  evidence  before  you  :  So  help  you  God. 

For  Petit-jurors  in  civil  causes.  Jurors  in  Civil 

SECT.  7.  You  swear,  that  you  will  well  and  truly  try  causes- 
the  issue  or  issues,  now  to  be  given  you  in  charge,  be- 
tween the  plaintiff  and  defendant,  or  plaintiffs  and  de- 
fendants, according  the  evidence  given  you  in  court, 
and  the  laws  of  this  state,  and  accordingly  a  true  verdict 
give ;  your  own  counsel,  and  your  fellows'  you  will  duly 
observe  and  keep ;  you  will  speak  nothing  to  any  one, 
of  the  business  or  matters  you  have  in  hand,  but  among 
yourselves,  nor  will  you  suffer  any  one  to  speak  to  you 
about  the  same,  but  in  court ;  and  when  you  are  agreed 
of  any  verdict,  you  will  keep  it  secret,  till  you  deliver  il 
up  in  court :  So  help  you  God. 

For  a  Jury  of  Inquest. 

SECT.  8.  You  swear,  that  you  will  diligently  enquire, 
and  true  presentment  make,  how  and  in  what  manner, 
the  person,  whose  body  shall  be  before  you.  came  to  bis 

42 


318  Title  73.     Oaths. 

death  ;  and  that  you  will  deliver  to  the  next  justice  of  the 
peace,  a  true  verdict  thereof,  according  to  such  evidence 
as  shall  be  given  you,  and  according  to  your  own  know- 
ledge :  So  help  you  God. 

Witnesses.  For  Witnesses. 

SECT.  9.  You  swear,  that  the  evidence  you  shall  give 
to  this  court,  concerning  the  case  now  in  question,  shall 
be  the  truth,  the  whole  truth,  and  nothing  but  the  truth  : 
So  help  you  God. 

For  Clerks  of  Superior  and  County  Courts,  mutatis  mutan- 
dis. 

SECT.  10.  You,  A.  B.  being  appointed  clerk  of  the 
court,  do  swear,  that  you  will  faithfully  execute 
the  duties  thereof,  according  to  your  best  skill,  and  ac- 
cording to  law  :  So  help  you  God. 

For  Clerks  of  Probate. 

SECT.  11.  You,  A.  B.  being  appointed  clerk  of  pro- 
bate, for  the  district  of  ,  do  swear,  that  you  will  faith- 
fully execute  the  duties  of  said  office,  according  to  your 
best  skill,  and  according  to  law  :  So  help  you  God. 

For  Town-Clerks. 
SECT.  12.    You,  A.  B.  being  chosen  to  be  town-clerk 
of  the  town  of        ,  do  swear,  that  you  will  faithfully  exe- 
cute the  duties  of  said  office  for  said  town,  according  to 
your  best  skill,  and  according  to  law  :  So  help  you  God. 

Fence-view-      For  Fence-viewers,  Leather-sealers,  Gktugers,   Grand-ju- 
ers,  fcc.  &ic.  rors,  Sealers  of  Weights  and  Measures,   Ty  thing-men, 

Surveyors  of  Highways,  Inspectors  and  Surveyors  of 
Provisions,  Haywards,  Town-Treasurers,  Society-Treas- 
urers, Scavengers,  Commissioners  of  Sewers,  fyc.  fyc. 
mutatis  mutandis. 

SECT.  13.  You  swear,  that  you  will  faithfully  and  im- 
partially, execute  the  duties  of  the  office  of  ,  with- 
in the  limits  whereunto  you  are  appointed,  for  the  year 
ensuing,and  until  another  be  chosen  in  your  place,  and 
sworn  ;  and  that  you  will,  in  every  particular,  conduct 
therein,  according  to  law  :  So  help  you  God. 

Assessors,  &.c.    For  Assessors,  Members  of  the  Board  of  Rt/ief,  and  Mem- 
bers of  the  Board  of  Equalization. 
SECT.  14.  You  swear,  that  you  will  truly,  faithfully, 
and  impartially,  discharge  the  trust  reposed  in  you,  ac- 
cording to  your  best  judgment,  and  according  to  law  :  So 
help  you  God.  \ 


Clerks  of  su- 
perior and 
county  courts. 


Clerks  of  pro- 
bate. 


Town-clerks. 


Title  73.     Oaths.  31  g 

For  Attornies.  Attornies. 

SECT.  15.  You  swear,  that  you  will  do  no  falsehood, 
nor  consent  to  any  to  be  done  in  court  ;  and  if  you  know 
of  any  to  be  done,  you  will  give  information  thereof  to 
the  judges,  or  one  of  them,  that  it  may  be  reformed  ;  you 
will  not  wittingly  or  willingly  promote,  sue,  or  cause  to 
be  sued,  any  false  or  unlawful  suit,  or  give  aid  or  consent 
to  the  same  ;  you  will  delay  no  man  for  lucre  or  malice  ; 
but  will  exercise  the  office  of  attorney  within  the  court, 
wherein  you  may  practice,  according  to  the  best  of  your 
learning  and  discretion,  and  with  fidelity,  as  well  to  the 
court  as  to  your  client  :  So  help  you  God. 

For  Society  Clerks.  Society  clerks. 

SECT.  16.  You,  A.  B.  being  chosen  clerk  of  this  soci- 
ety, do  swear,  that  you  will  faithfully  execute  the  duties 
of  such  clerk,  according  to  your  best  skill,  and  according 
to  law  :  So  help  you  God. 

For  Appraisers  of  Land  on  execution.  Appraisers  of 

SECT.  17.  You  A.  B.  C.  D.  £c.  do  swear,  that,  with-  [jjj  on  execu' 
out  partiality,  prejudice,  or  any  sinister  motive,  you  will 
appraise  the  land  that  may  be  presented  to  you,  accord- 
ing to  the  present,  true  and  just  value  thereof;  to  the  cred- 
itor, or  creditors,  wao  are  to  receive  the  same,  according 
to  your  best  judgment,  and  according  to  law:  So  help 
you  God. 

For  Appraisers  of  deceased  persons'1  Estates.  Appraisers  of 

SECT.  18.  You,  A.  B.  C.  D.  &c,  do  swear,  that,  with-  estates. 
out  partiality,  or  prejudice,  you  will  justly  appraise  all 
such  estate,  both  real  and  personal,  of  the  deceased  J.  S., 
as  shall  be  offered  to  yow,  according  to  the  present,  true 
value  thereof  in  money,  and  according  to  your  best  judg- 
ment :  So  helv  you  God. 


For  Distributors  of  Estates.  Distributors  of 

SECT.  19.  You  swear,  that  you  will,  according  to  your  es 
best  judgment  and  discretion,  faithfully  divide  and  distri- 
bute the  estate  of  A.  B.  deceased,  according  to  his  last 
will  and  testament,  or  according  to  the  order  of  court  now 
given  you  :  So  help  you  God. 

For  a  Committee  to  lay  out  or  alter  Highways,  fyc.         Committee  to 
SECT.  20.  You  swear,  that  you  will,  according  to  your  la?  out  hiSh' 
best  skill  and  judgment,  and  according  to  the  precept  by      ' 
which  you  are  now  summoned,  lay  out  the  way  therein 
mentioned,  with  most  convenience  to  the  public,  and 
least  prejudice  to  individuals  ;  and  that  you  will  justly 


320 


Title  73.     Oaths. 


.Tury  on  high- 
ways. 


Jury  of  forcible 
entry,  &c. 


County  sur- 
veyors. 


Gbainnien. 


Commission- 
ers on  insol- 
vent estates. 


Voir  <Jire  oath. 


State  auditors. 


estimate,  to  each  individual,  the  damage  which  may  be 
done  to  his  property  thereby  :  So  help  you  God. 

For  a  Jury  to  reassess  damages,  on  an  Highway,  fyc. 

SECT.  21.  You  swear,  that  you  will  make  a  just  and 
impartial  estimate  of  the  damages,  which  you  are  sum- 
monedto  reassess,  according  to  your  best  judgment :  So 
help  you  God. 

For  a  Jury  to  enquire  into  Forcible  Entry  and  Detainer. 

SECT.  22.  You  swear,  that  you  will  well  and  truly  en- 
quire of  the  forcible  entry,  or  forcible  detainer,  now  com- 
plained of,  and  return  a  true  verdict  thereof,  according  to 
the  evidence  given  you  in  court :  So  help  you  God. 

For  County  Surveyors. 

SECT.  23.  You,  A.  B.  being  appointed  surveyor  of 
lands  in  the  county  of  H.  ,  do  swear,  that  you  will 

faithfully  attend  to,  and  discharge  the  duties  of  your  said 
office,  without  favor,  or  respect  of  persons  :  So  help  you 
God. 

For  Chainmen,  assisting  a  Surveyor. 
SECT.  24.  You  swear,  that  you  will  faithfully  perform 
the  service  to  which  you  are  called,  as  assistants  to  the 
surveyor ;  and  that  you  will  keep  a  true  account  of  all 
lines  and  measures  by  you  taken,  and  the.same  report  to 
said  surveyor,  at  his  request,  according  to  your  best  skill 
and  judgment :  So  help  you  God. 

For  Commissioners  on  Insolvent  Estates. 
SECT.  25.  You  swear,  that  you  will  faithfully  and  im- 
partially, examine  the  several  accounts  and  claims  of  the 
.  creditors  of  the  estate  of  the  deceased  A.  B.  represented 
insolvent,  as  shall  be  presented  to  you  for  that  purpose, 
and  the  evidence  relative  thereto ;  and  make  a  true  list 
of  what  you  find  justly  due  to  each  of  said  creditors,  and 
present  the  same  to  the  judge  of  probate,  according  to 
law :  So  help  you  God. 

Voir  dire  Oath. 

SECT.  26.  You  swear,  that  you  will  well  and  truly  an- 
swer to  such  interrogatories,  as  shall  be  put  to  you,  under 
the  direction  of  the  court,  not  immediately  relating  to  the 
merits  of  the  cause  now  in  question :  So  help  you  God. 

For  Auditors  of  State  Accounts. 

SECT.  27.  You  swear,  that  you  will  faithfully  audit 
&e  accounts  of  the  state,  with  the  treasurer,  and  render 


Title  73.     Oaths.  321 

co  the  general  assembly,  a  true  statement  of  your  doings 
relative  thereto,  according  to  law  :  So  help  you  God. 

For  Auditors,  in  Actions  of  Account  and  Book-debt.      Auditors  of  AC- 
SECT.  28.  You  swear,  that  you  will  faithfully  examine tlons> 
and  adjust  the  accounts  referred  to  you,  and  award  there- 
on, according  to  your  best  skill  and  judgment :  So  help 
you  God. 

For  Arbitrators  and  Referees,  appointed  by  Court.        Arbitrators 
SECT.  29.  You  swear,  that  you  will  faithfully  adminis-  ar 
ter  justice  between  the  parties,  in  the  case  submitted  or 
referred  to  you,  according  to  law,  or  equity  :  So  help  you 
God. 

For  Committees,  appointed  by -Courts  of  Chancery.         Committees  of 
SECT.  30.  You  swear,  that  you  will  faithfully  enquire  C 
into  the  facts  that  may  be  presented  to  you,  and  faithfully 
and  truly  report  the  same  to  the  court,  pursuant  to  your 
appointment :  So  help  you  God. 

For  Clerks  of  the  House,  of  Representatives,  and  of  the  Clerks  of  rep- 
Senate  resentatives 

and  senate. 
SECT.  31.  You  swear,  that  you  will  faithfully  execute 

the  office  whereunto  you  are  appointed :  So  help  you  God. 

SECT.  32.  The  ceremony  ordinarily  to  be  used,  by  per-  vvhat  ceremo- 
sons  to  whom  an  oath  is  administered,  shall  be  the  hold-  By  tc 
ing  up  the  right  hand,  as  he  has  been  accustomed  ;  but 
when  any   person,  by  reason  of  scruples  of  conscience, 
shall  object  to  such  ceremony,  he  shall  be  permitted  to 
use  any  proper  ceremony  to  which  he  has  been  accus- 
tomed, in  such  cases,  or  such  as  the  court  or  authority,  by 
whom  the  oath  is  to  be  administered,  shall  direct.  %  V 

SECT.  33.  Whenever  any  person,  required  by  law  to  %^8  affi"na- 
take  the  oath  prescribed   for  witnesses,  shall  decline  to  ministered.6  * 
take  it,  in  the  usual  form,  from  scruples  of  conscience,  a 
solemn  affirmation  may  be  administered  to  him,  in  the  fol- 
lowing form  :  You  A.  B.  do  solemnly,  and  sincerely  affirm  Form  of  affirm  - 
and  declare,  that  the  evidence  you  shall  give  to  this  court,  Besses  °r 
concerning  the  case  now  in  question,  shall  be  the  truth, 
the  whole  truth,  and  nothing  but  the  truth  ;  upon  the 
pains  and  penalties  of  perjury.     And  in  every  other  case, 
an  affirmation  may  be  administered  in   the  form   of  the 
oath  prescribed,  except  that  instead  of  the  word  swear, 
the  words  solemnly  and  sincerely  affirm  and  declare  shall 
be  used  ;  and  instead  of  the  words  so  help  you  God,  the 
words  upon  the  pains  and  penalties  of  perjury  shall  be 
used.    And  if  any  person  making  such  solemn  affirma- 


322 

Penalties  of 
perjury  incur- 
red by  a  false 
affirmation. 


Title  74.     Partnerships  Limited. 

tion,  shall  be  lawfully  convicted  of  having  wilfully,  false- 
ly and  corruptly,  affirmed,  any  matter,  which,  if  the  same 
had  been  declared  under  oath,  in  the  usual  form,  and 
with  the  usual  ceremony,  would  have  amounted  to  wilful 
and  corrupt  perjury,  such  person,  so  offending,  shall  in- 
cur the  same  penalties  and  forfeitures,  as  by  law  are  en- 
acted against  wilful  and  corrupt  perjury. 


Limited  part- 
nerships may 
be  formed. 


General  part 
ners. 


Special  part- 
ners. 

Firm. 


TITLE  74.     Partnerships  Limited. 

An  Act  authorising  limited  Partnerships  in  cer- 
tain cases. 


SECT.   1. 


Registry. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
That  limited  copartnerships  for  the  transaction  of  busi- 
ness, may  hereafter  be  formed  according  to  the  directions 
and  provisions  of  this  act ;  always  provided,  that  nothing 
herein  contained,  shall  be  construed  to  authorize  any 
such  partnership  for  any  banking  purpose  whatever,  or 
for  any  business  or  concern  connected  with  insurance. 

SECT.  2.  All  partnerships  to  be  formed  under  this  act 
shall  consist  of  one  or  more  partners,  jointly  and  several- 
ly responsible,  according  to  the  existing  laws  and  rules  of 
law  relative  to  partnerships,  who  shall  be  called  general 
partners ;  and  one  or  more  partners,  who  furnish  funds  or 
capital  to  the  partnership  stock,  whose  liability  shall  ex- 
tend no  further  than  the  funds  or  capital  which  he  or  they 
have  furnished  to  the  partnership  stock,  and  who  shall 
be  called  special  partners.  And  every  such  partnership 
shall  be  conducted  under  a  company  name  or  firm,  con- 
sisting of  all  the  names  of  the  general  partners  only  ;  and 
J  A*  any  special  partner's  name  is  used  or  inserted  in  said 
^  firm  or  company  name,  such  special  partner  shall  be  li- 
able as  a  general  partner  ;  but  nothing  herein  contained 
shall  be  construed  to  prevent  any  special  partner  from 
examining  into  the  state  and  progress  of  the  partnership, 
and  advising  as  to  its  management. 

SECT.  3.  Before  any  partnership  under  this  act  shall  be 
carried  into  effect,  the  company  name  or  firm  under 
which  the  same  is  to  be  conducted,  and  the  names  of  all 
the  general  and  special  partners  interested  therein,  with 
the  names  of  their  several  places  of  residence,  shall  be 
registered  in  a  book  to  be  kept  for  that  purpose,  at  all 
times  open  for  public  inspection,  in  the  office  of  the 
town-clerk  of  the  town  in  which  the  principal  business 
of  the  partnership  shall  be  carried  on ;  and  if  the  partner- 
ship have,  at  any  time,  places  of  business,  or  establish- 


Title  74.     Partnerships  Limited.  323 

ments,  situated  in  different  towns,  the  names  and  title  of 
the  firm  shall  be  registered  in  like  manner  in  every  such 
town.  And  said  registers  shall  further  designate  those 
of  the  general  partners,  who  are  authorized  to  transact, 
manage,  and  sign  for  the  partnership,  and  for  which  alone 
the  partnership  shall  be  responsible,  and  also  the  amount 
of  the  capital  furnished  by  every  special  partner,  and  the 
period  at  which  the  partnership  is  to  commence  and  ter- 
minate ;  and  every  renewal  or  continuance  of  any  such 
partnership,  shall  be  registered  in  like  manner,  and  all 
alterations  or  dissolutions  of  any  such  partnership,  prior 
to  the  original  proposed  continuance  of  the  same,  shall 
also  be  registered  as  aforesaid. 

SECT.  4.  No  registry  required  by  this  act,  shall  be  made  Certificate, 
by  any  town  clerk,  or  be  considered  valid,  unless  all  the 
partners,  general  and  special,  associated  together  in  every 
such  partnership,  shall  make  and  sign  a  certificate  or  decla- 
ration, before  one  of  the  judges  of  the  superior  court,  or 
a  judge  of  the   county  court,  containing  the  statements 
required  by  the  foregoing  section,  which  shall  be  filed  in 
said  town-clerk's  office  ;  and  a  copy  of  such  certificate 
shall  be  evidence  of  the  matters  therein  contained,  in  any 
court  in  this  state.     And  at  the  time  of  making  the  reg- 
istry required  by  the  foregoing  section,  it  shall  be  the 
duty  of  such  of  the  general  partners  as  are  authorized  by 
the  partnership  to  transact  and  manage  their  concerns,  to 
make  oath  to  the  actual  and  bona  fide  advance  or  pay-  Advancements 
ment  of  the  sum  or  sums  by  the  special  partners,  accord-  ners^to^e^ 
ing  to  the  registry  of  the  amount  of  the  same,  and  no  such  sworn  to. 
capital  shall  be  advanced  to  the  common  stock   of  the 
partnership,  by  the  special  partners,  but  in  cash  pay- 
ments :  and  if  any  person  shall  be  guilty  of  wilful  false  False  swearing 
swearing  in  the  premises,  he  shall  be  deemed  to  have  to  Adeemed 
committed  perjury,  and  shall  be  punished  accordingly. 
And  it  shall  be  the  duty  of  all  the  partners  interested 
in  any  such  partnership,  to  see  that  the  requirements  of 
the  third  and   fourth   sections  of  this  act  are  complied 
with  ;  and  in  case  the  same  shall  be  neglected,  or  a  false 
registry  be  made,  all  the  partners  interested  in  such  part- 
nership, shall  be  liable  to  all  the  engagements  thereof,  as 
general  partners. 

SECT.  5.  The  general  partners  in  every  such  partner-  Mutual accoun- 
ship,  shall  be  held  liable  to  account  to  each  other  for  their  naer'd' y 
management  oftheir  joint  concern,  and  to  the  special  part- 
ners, either  in  law  or  equity,  according  to  the  law  relative 
to  partnership,  as  now  subsisting.     No  part  of  the  capital  Capital  not  to 
furnished  by  special  partners,  shall  be  withdrawn,  either  be  withdrawn. 
in  the  shape  of  dividends,  profits,  or  otherwise,  at  any 
time  within  the  period  during  which  the  partnership  shall 


324  Title  75.      Paupers-. 

be  continued  ;  nor  shall  any  special  partner,  under  any 
circumstances,  be  considered  or  allowed  to  claim,  as  a 
creditor,  in  case  of  the  insolvency  or  bankruptcy  of  the 
partnership. 
Suits  toba  SECT.  6.  All  suits  to  be  brought  by  any  such  partner- 

aTnshuheyaend  shiP'   sha11  be   in  the  name  or  names  of  the    general 
eral  partners      partners  only  ;  and  suits  against  such  partnerships,  shall 

only.  be  brought  against  the  general  partners  only,  except  in 

cases  where  the  special  partners  shall  be  rendered  liable 
ap  general  partners,  in  which  case  suits  may  be  brought 
against  all  the  partners. 

Terms  of  part-      SECT.  7.  It  shall  be  the  duty  of  the  partners  in  any 

ne!?T  !i°  be     partnership  formed  under  this  act,  to  publish  the  terms 
published.  rc  ,  ,  .  .  i  /•  -j    r 

ot  the  partnership  so  registered  as  aforesaid,  tor  at  least 

six  weeks  after  such  registry,  in  at  least  one  newspaper 
published  within  the  county,  in  which  their  business  shall 
be  carried  on  ;  and  in  case  no  newspaper  is  published  in 
said  county,  then  in  a  newspaper  published  in  an  adjoin- 
Register's  fee.  jng  county  ;  and  each  town-clerk  shall  be  entitled  to  the 
sum  of  twenty-five  cents  for  every  registry  by  him  made 
in  pursuance  of  this  act. 


TITLE  75.     Paupers. 

CHAP.  I. 

An  Act  to  provide  for  the  support  of  Paupers. 

"•"BE  it  enacted  by  the  Senate  arid  House  ofRep- 

SECT.  1.     1-C  t-        •    r>          i  a         u  j 

JL»  resentatives  in  (jreneral  Assembly  convened, 

What  relations  That  when  any  person  shall,  by  age,  sickness,  insanity,  or 
siT  ort  of  au-  any  cause?  become  poor,  impotent  and  unable  to  support 
ers,  and  provide  for  himself  and  family,  and  has  relations,  who 

stand  in  the  degree  or  line  of  father  and  mother,  grand- 
$-*t          father  and  grand-mother,  children   and  grand-children, 
who  are  of  sufficient  ability  to  do  the  same,  then  it  shall 
be  the  duty  of  such  relations  to  provide  for  his  support  ; 
and  if  such  relations  shall  refuse  or  neglectto  do  the  same, 
Remedyagainst  then,  on  application  to  the  county   court,  in  the  county 
relations  refus-  where  such  person  lives,  by  the  select-men,  or  one  or 
s!ag  tortprovida  more  of  such  relations,   and  on  giving  due  notice,   said 
court  may  order  such  relations  to  pay  and  contribute  to 
the  support  of  such  poor  and  impotent  person,  from  the 
time  of  such  application,  such  sum  as  they  shall  deem  to 
be  reasonable  and  necessary,  and  may  issue  execution, 
quarterly,  for  the  same,  to  be  delivered  into  the  hands  of 
the  select-men,  for  that  purpose. 


Title  75.      Paupers.  325 

SECT.  2.  All  poor  and  im-potent  persons,  who  have  not  What  descrip- 
estate  sufficient  for  their  support,  and  have  no  relations  I,',01],0/  Psrso"s 
of  sufficient  ability,  who  are  obliged  by  law  to  support  ported*  byPtiie 
them,  shall  be  provided  for,  and  supported,  at  the  expense  town, 
of  the  town  where  they  belong.     And  it  shall  be  the  du- 
ty of  every  town  to  maintain  and  support  all  the  poor  in- 
habitants belonging  to  the  town,  whether  residing  in  it  or 
in  any  other  town  in  the  state. 

SECT.  3.  The  select-men  of  each  town,  shall  be  over-  Select-men  to 
aeers  of  the  poor  ;  and  it  shall  be  their  duty,  at  the  ex-  be  overseers  of 
pense  of  the  town,  to  provide  for  all  paupers  belonging  TheFr°dut  - 
to  it,  food,  clothing,  fire-wood,  and  all  other  articles'ne- 
cessary  for  their  subsistence  ;  and  to- draw  orders  on  the 
treasury  of  the  town  for  the  payment  thereof;  and  to 
render  an  account  to  the  town  of  such  expenditures, 
when  required. 

SECT.  4.  Paupers  shall  be  liable  to  be  removed  to  such  Paupers  liable 
places  to  be  supported,  as  the  town  or  select-men  may  di-  j°  b(r  removed 
rect,  and  shall  be  subject  to  the  orders  of  the  select-men,  Of  support.1™ 

or  persons  contracted  with,  to  support  them.    No  individ-  ~,  .        ,. 

Claims  of  mdi- 
ual  shall  have  any  demand  against  a  town  for  supplies  or  viduals  against 

assistance  furnished  to  a  pauper,  against  the  express  di-  tue  town, 
rection  of  the  select-men ;  nor  before  he  has  given  notice 
to  one  of  the  select-men  of  the  town  where  the  pauper 
resides,  of  the  condition  of  such  pauper. 

SECT.  5.  It  shall  be  the  duty  of  the  select-men  of  every  Duty  of  select- 
town,  whenever  a  person,  not  an  inhabitant  of  such  town,  men  to  furnish 
residing  therein,  shall  become  poor  and  unable  to  support  suPP°rt- 
him  or  herself,  to  furnish  such  pauper,  such  support  as 
may  be  necessary,  as  soon  as  the  condition  of  such  pau- 
per shall  come  to  their  knowledge ;  and  each  select-man  Penalty  for 
neglecting  such  duty,  shall  forfeit  the  sum  of  seven  dollars,  nes  ect' 
to  him  who  shall  prosecute  for  the  same  to  effect.     The 
select-men  of  every  town  in  which  a  pauper  belonging  to  Notice  i«  what 
another  town  is  chargeable,  shall  give  notice  to  the  town  case,and  within 
to  which  the  pauper  belongs,  of  his  condition,  within  five  wha.1  ^,mf\ttv 
days  after  they  shall  have  obtained  knowledge  of  the  town 
to  which  he  belongs,  where  such  town  is  within  twenty 
miles  of  the  town  where  such  pauper  resides  ;  and  in  all 
other  cases,  within  fifteen  days  ;  and  where  the  select- 
men have  knowledge  of  the  town  where  such  pauper  be- 
longs, such  town  shall  not  be  liable  for  any  expense  for 
the  time  in  which  notice  is  neglected  ;  and  such  town  Limitation  of 
shall  not  be  liable  to  pay  at  a  greater  rate  than  one  dollar  J^"?6 
per  week  for  the  support  of  a  pauper,  in  lieu  of  all  ex- 
genses.     And  a  letter  put  in  the  mail,  stating  the  name  of  what  shall  be 
the  pauper,  and  that  he  is  chargeable,  signed  by  one  of  j^®^6^  *v'~ 
the  select-men  of  the  town  where  he  resides,  directed  to  ti^ce 
the  select-men  of  the  town  where  he  belongs,  where  there 

43 


326  Title  lo.     Paupers. 

is  a  post-office  in  the  town,  or  if  none,  then  directed  to 
be  left  at  the  nearest  post-office  to  such  town,  shall  be 
sufficient  evidence  that  notice  was  given,  at  the  time 
such  letter  would  reach  the  select-men,  to  whom 
Actual  notice.  \^  shall  be  directed  in  the  usual  course  of  the  mail  :  and 
actual  notice  in  writing,  sent  in  any  other  mode,  shall  be 
sufficient. 

er'  b  °oneC°V"  SECT.  G.  Every  town  incurring  necessary  expense, 
town  against  pursuant  to  this  act,  for  a  pauper  belonging  to  another 
•another.  town,  shall  have  right  to  recover  the  same  from  such  town, 

as  is  provided  in   the  preceding  section  of  -this  act,  by  a 
proper  action  at  common  law. 

SECT<  7'  When  any  Person  havinS  a  leSal  settlement 
this  state,  and  in  any  town  in  this  state,  shall  remove  out  of  the  same. 
afterwards  in  an(]  ga|n  a  ]Cgaj  settlement  in  another  state,  and  shall  af- 
an^th'en're-16'  terwards  return  to  this  state,  and  become  poor  and  una- 
tuming,  by  ble  to  support  himself,  the  town  where  he  had  his  last  le- 

whomiobe  gal  settlement  in  this  state,  shall  be  chargeable  with  his 
supported. 


^'establish™1         SECT.  8.  The  several  towns  respectively,  or  any  two 

poor-houses  ;      or  more  towns,  by  their  agents,  appointed  for  that  pur- 

ad  ordain  by-   pose,  shall  have  power  to  establish   asylums,  or  poor- 

houses,  for  the  admission  of  such  poor  and  destitute  per- 

sons as  may  be  judged  proper,  and  to  ordain  and  estab- 

Proviso  ''s^  suc^  by-laws  as  mav  be  proper,  relative  to  the  per- 

sons to  be  admitted  into  such  houses,  and  for  the  well  or- 

dering and  governing  thereof  ;  not  contrary  to  the  laws 

of  this  state,  or  of  the  United  States  :  Provided,  that  such 

by-laws  may,  at  any  time,  be  repealed,  by  the   superior 

court,  if,  by  said  court,  deemed  unreasonable  or  unjust. 


CHAP.  II. 

An  Act  providing  for  the  support  of  State  Pau- 
pers. 

BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
What  descrip-  That  the  state  shall  reimburse  to  any  town  the  expense 
tion  of  paupers  incurred  in  relieving  and  supporting  any  sick  and  indigent 

shall  be  sup-     pCrsOn  or  persons,  not  inhabitants  of  this  state,  and  who 

ported  by  the      f,          ,  -i     -i  •      ,  i  • 

state  do  not  belong  to  any  town  in  this  state,  and  are  not  by 

law  the  proper  charge  of  any  town  or  particular  person, 
at  a  rate  not  exceeding,  in  any  case,  the  sum  of  one  dollar 
per  week,  for  all  persons  over  fourteen  years  of  age,  and 
fifty  cents,  for  children  under  that  age. 

SECT.  2.  No  town  shall  be  entitled  to  such  reimburse- 
ment, for  the  support  of  any  person  born  in  this  state,  or 


Title  75.     Paupers.  327 

an  adjoining  state,  or  of  any  person  who  shall  heretofore, 
at  auy  time,  have  been  an  inhabitant  of  any  town  in  this 
state. 

SECT.  3.  Whosoever  shall  entertain  any  person,  notan  When  ibc  per- 
inhabitant  of  any  town  in  this  state,  for  the  space  of  four-  ?on  enterlai»- 

•  i  i     11       i  i     lnK a  pauper, 

teen  days,  and  the  said  person  shall,  when  so  entertained,  shall  bear  the 
be  reduced,  by  sickness,  or  other  cause,  to  necessitous  expense, 
circumstances,  so  as  to  need  relief,  the  person  so  enter- 
taining him,  shall  sustain  the  discharge  thereof,  unless  he 
shall  have,  within  fourteen  days,  given  sufficient  notice  to 
the  select-men  of  the  town,  in  which  such  person  is  so 
entertained ;  and  in  that  case,  it  shall  be  defrayed  by  the  ^stViices  a'" 
state,  unless  the  person  so  entertained  has  relations  of  pauper  shall  be 
sufficient   ability,    and  by  law  bound  to  support  him.  supported  by 
And  all  expense  incurred  in  the  support  of  such  person,  l     btate' 
within  the  term  of  three  months,  from  the  time   of  his 
coming  to  such  town,  (in  case  he  shall,  within  said  term 
of  three  months,  have  been  warned  to  depart  said  town,) 
shall,  in  like  manner,  be  defrayed  by  the  state  ;  and  all 
expenses,  that  may  arise  in  support  of  such  person,  sub- 
sequent to  the  said  term  of  three  months,  on  account  of 
sickness  or  lameness,  which  shall  have  commenced  within 
said  term  of  three  months,  and  which  shall  have  contin- 
ued beyond  the  said  term,  to  such  degree  as  to  render  it 
unsafe  to  remove  such  person,  shall,  during  the  continu- 
ance of  such  sickness  or  lameness,  be  defrayed  by  the 
state  ;  and  all  subsequent  expenses  shall  be  defrayed  by 

such  town,  during  his  continuance  therein  :  provided,  the  ant*  by tne 

•  town, 

sum  allowed  shall  not   exceed  one   dollar  per  week,  for 

persons  over  fourteen,  and  fifty  cents  per  week.,  for  chil- 
dren under  fourteen. 

SECT.  4.  If  any  fown  shall  incur  anv  expense,  in  rcliev-  Where  person 

*  f  not  belonging 

ing  and  supporting  a  person  not  an  inhabitant  ot  any  to  any  tmvil  ja 
town  in  this  state,  and  who  has  had  his  home,  and  resided  the  state,  has 
in  any  town  in  this  state,  during  the  six  years  next  pre-  ' ^3^  fns'axny 
ceding  the  time  of  incurring  such  expense-,  without  being  iown,  without 
chargeable  to  the  state,  such  expense  shall  not  be  rcirn-  being  chargea- 
bursed   from  the  treasury  of  the  state,  but  shall  be  dc-  ^i/not^eHa- 
frayed  by  the  town  in  which  such  residence  shall  have  hie  for  his  sup- 
l>een  last  had,  at  the  time  of  affording  the  relief.  P°rt- 

SECT.  5.  The  select-men  of  any  town,  into  which  a  Such  person 
person  not  an  inhabitant  of  any  town  in  this  state  shall  ™da- 
come  to  reside,  may,  at  any  time  within  six  years  from 
the  coming  of  such  person  into  their  town,  remove  such 
person  to  the  town  in  which  he  shall  have  last  resided, 
and  had  his  home,  as  is  before  provided  in  this  act ;  and 
for  that  purpose,  such  select-men   shall  have  power  to 
pursue  any  of  the  means  provided  by  law,  for  the  remov- 
al of  persons  not  inhabitants  of  this  state. 


328 

Accounts  for 
support  of  state 
paupers, 
to  be  liquida- 
ted by  the 
comptroller ; 

and  verified 
by  oaths  of 
select-men. 


Certificate. 


Comptroller, 
if  satisfied 
with  proofs,  to 
draw  order  for 
payment ; 

otherwise,  to 
require  further 
proof. 

Comptroller 
to  make  return 
to  general  as- 
sembly, at 
each  session. 


To  devise 

forms  for  se- 
lect-men. 

Comptroller 
authorized  to 
cotract  for 
support  of 
ssate  paupers^ 


Tide  75.     Paupers* 

SECT.  G.  All  accountspayablc  by  law  from  the  treasury 
of  the  state  for  the  support  of  poor  and  indigent  persons, 
shall  be  liquidated  and  adjusted  by  the  comptroller  of 
public  accounts,  on  the  application  of  the  select-men  of 
the  town  in  which  the  expenses  shall  have  arisen. 

SECT.  7.  And  the  justness  and  reasonableness  of  such 
accounts,  before  they  are  allowed,  shall  be  verified,  at 
least,  by  the  oath  of  a  major  part  of  the  select-men  in  the 
town,  certified  by  a  justice  of  the  peace.  And  the  select- 
men shall  also  exhibit,  and  lodge  with  the  comptroller  a 
certificate,  subscribed  and  sworn  to,  by  at  least  a  majori- 
ty of  them,  stating,  as  far  as  is  known  to  them,  when  and 
from  whence  such  poor  and  indigent  person  came  into  the 
state,  and  into  such  town  where  he  or  she  has  resided, 
and  whether  any  other  town  or  person  in  the  state  is  lia- 
ble for  his  or  her  support  ;  also,  further  stating  the  time 
when  such  person  was  warned  to  depart  from  such  town  ; 
and  that  the  expense  charged  was  incurred  for  sickness  or 
lameness,  which  happened  within  the  first  three  months 
from  his  or  her  coming  into  the  town  ;  or  if  afterwards, 
that  during  the  whole  of  his  or  her  continuance  in  such 
town  after  the  expiration  of  said  three  months  till  reliev- 
ed, such  person  could  not  safely  be  removed  from  such 
town. 

SECT.  8.  And  if,  on  examination,  the  proofs  and  exhi- 
bits made  shall  conform  to  the  provisions  of  law,  and  the 
comptroller  shall  be  satisfied  with  the  truth  of  the  same, 
he  shall  draw  an  order  on  the  treasurer  for  the  payment 
of  such  sums  as  shall  be  found  to  be  reasonably  and  justly 
due  ;  but  if  the  proofs  shall  not  be  satisfactory  to  him,  of 
the  justice  of  the  claim,  he  may  require  further  proof; 
and  if  satisfactory  proof  is  not  produced,  he  may  reject 
the  claim.  And  it  shall  be  the  duty  of  the  comptroller 
to  make  return  to  the  general  assembly,  at  each  session, 
of  the  names  of  the  sick  and  indigent  persons,  for  whose 
support  allowance  has  been  made,  and  the  towns  in 
which  they  resided,  and  the  amount  allowed  to  each  per- 
son ;  and  it  shall  also  be  his  duty,  from  time  to  time,  as 
occasion  may  require,  to  devise  and  make  known  to  the 
select-men  in  the  respective  towns,  the  requsite  forms  in 
which  the  proofs  and  exhibits  must  be  made. 

SECT.  9.  The  comptroller  of  this  state  shall  be,  and  he 
is  hereby  fully  authorized  and  empowered,  from  time  to 
time,  to  contract  with  any  person  or  persons,  for  any  term 
of  time,  not  exceeding  five  years,  for  the  relief  and  sup- 
port of  any  such  sick  and  indigent  persons,  on  the  best 
terms,  not  exceeding  the  sums  specified  in  the  first  sec- 
tion ;  and  such  person  or  persons,  so  contracting,  shall  be 
entitled  to  receive,  at  the  end  of  every  six  months,  the 


Title  IB.     Pedlars.  329 

amount  due  on  such  contract.  And  the  comptroller  is  And  to  take 
hereby  authorized,  at  his  discretion,  to  take  from  any 
town  in  this  state,  the  whole,  or  any  part  of  the  state  pau- 
pers  in  said  town,  and  place  the  same  with  the  person  or 
persons,  with  whom  said  contract  for  their  support  may 
have  been  made,  as  aforesaid,  and  to  adjust  all  demands, 
arising  under  said  contract,  and  draw  orders  on  th<  ;.reas- 
urer  for  the  payment  of  the  same. 

SECT.  10.  Whenever  a  contract  shall  be  made,  by  the 
comptroller,  with  any  person  or  persons,  for  the  r;i;>port 
of  state  paupers,  agreeably  to  the  provisions  of  this  act, 
it  shall  be  the  duty  of  the  comptroller  to  take  good  and 
suflicient  bonds  with  surety,  of  the  person  or  persons,  To  take  bonds, 
who  shall  make  such  contract,  to  secure  the  faithful  fulfil- 
ment  and  performance  thereof,  and  that  the  persons  of  Ors. 
whom  such  contractor  or  contractors  shall  have  charge, 
shall  be  treated  with  humanity,  and  shall  have  a  compe- 
tent supply  of  food,  and  dece*ht  and  comfortable  clothing, 
and  all  necessary  medical  aid,  and  physic,  in  time  of  sick- 
ness. 

SECT.  11.  In   the  settlement  of  bills  of  cost  by  the  Expenses  of 
clerks  of  the  several  courts,  a  greater  sum  than  one  dollar  prPsoneVs  lira- 
and  fifty  cents  per  week,  shall  not  be  allowed  to  the  keep-  ited. 
ers  of  the  gaol  for  the  support  of  any  person  confined 
therein  at  the  expense  of  this  state,  except  in  cases  of 
sickness. 

TITLE  76.     Pedlars. 

\n  Act  to  suppress  Pedlars.  Hawkers,  and  Petty- 
Chapmen. 

T§  E  it  enacted  by  the  Senate  and  House  ofRep- 
'   JLJ  resentatives,in  General  Assembly  convened, 
That  no  person  shall  trade,  deal,  and  traffic,  in  this  state,  t,iiedafo  Ideal 'in 
as  a  pedlar,  hawker,  or  petty-chapman,  in  any  foreign  foreign  goods, 
goods,  wares  and  merchandize,  and  which  are  not  the  pro- 
duce or  manufacture  of  this,  or  any  of  the  United  States, 
upon  penalty  of  forfeiting  all  such  goods,  wares  and  mer- 
chandize,  so  by  him  carried  about,  and  offered  for  sale  ; 
one  half  to  him  who  shall  inform  and  prosecute  to  effect, 
and  the  other  half  to  the  treasury  of  the  state. 

SECT.  2.  All  goods,  wares,  and  merchandize,  so  offer-  Mode  of  pro- 
ed  for  sale, .  may,  and  shall  be  seized,  by  any  person  to  ceedmg. 
whom  they  are  offered,  or  by  any  other  person  or  per- 
sons ;  and  shall  forthwith  be  offered  to  any  justice  of  the 
peace,  who  shall  cause  an  inventory  of  them  to  be  taken, 
and  to  be  appraised,  by  two  indifferent  freeholders,  under 


330 


Title  77.      Petitions. 


oath,  at  their  just  value  in  money,  and  who  shall  retain 
them  in  his  custody  till  final  judgment.  And  the  person 
or  persons  seizing  such  goods,  shall  make  information  to 
a  justice  of  the  peace  in  the  town  where  the  goods  were 
seized,  if  the  value  does  not  exceed  thirty-five  dollars  ; 
if  it  exceeds  that  sum,  then  to  the  next  county  court,  in 
the  county  where  the  seizure  was  made.  And  such  jus- 
tice of  the  peace,  or  such  county  court,  where  the  infor- 
mation is  filed,  shall  proceed  to  hear,  try  and  determine 
said  cause  ;  and  if  they  find,  that  such  goods  were  unlaw- 
fully carried  about,  and  offered  for  sale,  contrary  to  this 
act,  they  are  empowered  to  decree  them  to  be  forfeited, 
and  order  them  to  be  sold  at  public  vendue,  and  the  avails 
to  be  paid  in  the  manner  aforesaid. 

SECT.  3.  And  the  attornies  for  the  state  in  each  county r 
and  all  informing  officers,  are  directed  to  prosecute  all 
breaches  of  this  act ;  in  which  case,  the  whole  forfeiture 
shall  go  to  the  treasury  of  the  state. 

SECT.  4.  If  any  person  shall  trade,  deal  and  traffic  as  a 
SrohibiiedtberS'  Pedlar»  hawker  or  petty-chapman,  in  the  articles  of  indi- 
go and  feathers,  such  indigo  and  feathers  shall  be  forfeit- 
ed, and  proceeded  against,  in  the  same  manner  as  is  pro- 
vided in  this  act  in  the  case  of  foreign  goods. 


Informing  offi- 
cers to  prose- 
cute. 


Peddling  indi- 


TITLE  77.     Petitions. 


Adverse  party 
to  be  notified, 


by  copy. 


Time  of  ap- 
pearance. 


An  Act  concerning  Petitions  and  Memorials  to 
the  General  Assembly. 


SECT.    1. 


B^it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
That  no  petition  or  memorial,  made  or  preferred,  by 
any  person  or  persons  whatsoever,  to  the  general  assem- 
bly, shall  be  heard  or  considered,  by  said  assembly, 
where  any  other  person  or  persons  is  or  are  concerned 
in  the  estate,  matter,  thing  or  things  in  controversy,  and 
have  right  to  be  heard  in  the  same,  unless  he,  or  they,  so 
concerned,  have  been  summoned  or  notified  thereof,  by 
giving  or  offering  to  him  or  them,  or  leaving  at  the  place 
of  his  or  their  usual  abode,  a  copy,  duly  attested,  of  such 
petition  or  memorial,  and  of  the  summons  or  citation  an- 
nexed thereto,  at  least  twelve  days  before  the  day  of  ap- 
pearance, mentioned  in  the  said  summons  or  citation. 

SECT.  2.  Every  summons  or  citation  for  the  adverse 
party  to  appear  and  answer  to  said  petitions  or  memo- 
rials, if  returnable  to  the  stated  session  of  said  assembly, 
in  May,  shall  be  for  their  appearance  on  Tuesday  next 
after  the  opening  of  said  assembly,  and,  if  returnable  to  an 


TttieW.     Pews.  331 

adjourned  session,  on  the  second  day  of  the  session.  And 

•every  such  petition  or  memorial  shall  be  returned  to  the  Time  of  return 

secretary,  on  or  before  the  day  next  preceding  the  day  lo  secretary- 

mentioned  in  the  summons  or  citation  for  the  appearance 

of  the  adverse  party. 

SECT.  3.  If  any  person  or  persons  prefering  such  peti- 
tion or  memorial  shall  not  appear  to  prosecute  the  same, 
on  the  said  day  for  the  appearance  of  the  adverse  party, 
he  or  they  shall  be  non-suited. 

SECT.  4.  If  upon  the  trial  of  the  case  in  any  petition  Costs, 
contained,  it  doth  appear,  that  either  the  petitioner  or 
petitioners,  or  the  person  or  persons  summoned  to  an- 
swer, do  or  have  given  the  other  party  unjust  trouble,  the 
party  or  parties  wronged,  shall  be  allowed  his  or  their 
just  costs  and  damages,  as  in  other  cases. 

SECT.  5.  No  petition  or  memorial  shall  be  preferred  to  Wb&t  peti- 
the  genejal  assembly,  but  in  such  case  or  cases,  where  no  b'e  preferred^ 
judicial  court  is,  by  law,  competent  to  grant  relief.  the  general  as- 

SEUT.  6.  All  memorials  wherein  no  person  or  party  is  ™.m™7.-  . 
so  concerned  or  interested,  as  that  he  need  to  be  cited,  for^ntering 
shall  be  lodged  in  the  secretary's  office,  and  entered  in  memorials  not 
the  docket  by  him  kept,  on  or  before  the  eighth  day  of  adverse, 
the  session  of  that  assembly  to  which  they  are  preferred  : 
otherwise,  they  shall  not  be  heard. 

TITLE  78.      Pews. 
An  Act  relating  to  Pews. 

T3  E  it  enacted,  by  the  Senate  andHouse  ofRep- 

"  '  '  IJ  rRsentatJTRs.  in  General  Assembly  convened. 
mi  n  j  f  Grants  and 

I  hat  no  grant,  sale  or  lease  herealter  made,  oi  any  pew,  ieases  Ofpews, 

in  any  meeting-house  or  church  belonging  to  a  religious  how  executed. 

society,  of  any  denomination  of  Christians  in  this  state,  in 

fee,  or  for  any  term  of  time  exceeding  one  year,  shall 

be  accounted  goed,  and  effectual  in  law,  to  hold  such  pew, 

against  any  other  person  or  persons  whatsoever,  but  the 

grantor  or  grantors,  lessor  or  lessors,  and  their  heirs  only, 

unless  such  grant  or  lease  be  in  writing,  and  subscribed 

by  the  grantor  or  lessor,  and  attested  by  two  subscribing 

witnesses,  and  acknowledged  before  a  judge  of  the  superior 

or  county  court,  or  a  justice  of  the  peace,  and  recorded  To  bi 

at  length,  by  the  clerk  of  such  society,  in  a  book  to  be 

kept  for  that  purpose,  whose  duty  it  shallbe  to  record  the 

same,   and  who  shall  receive   the  same  compensation 

therefor  as  town  clerks,  for  recording  deeds. 

SECT.  2.  One  pew,  being  the  property  of  any  person  JjJPJJJJi 
or  persons  having  a  family,  who  ordinarily  occupy  the  e,ecutiOD,  fee. 


332  Title  79.     Post-Guides.— Title  80.     Pounds. 

same,  shall  be  exempt,  and  not  liable  to  be  taken,  or  dis 
posed  of,  by  any  warrant  or  execution,  for  any  tax  or  debt 
whatever ;  nor  shall  the  same  be  liable  to  be  sold  to  satis- 
fy the  demands  of  creditors,  where  the  estate  of  such 
owner  shall  prove  insolvent ;  any  law  or  custom  to  the 
contrary  notwithstanding. 

TITLE  79.     Post-Guides. 
An  Act  relating  to  Post-Guides. 

1     "B^  E  «/  enacted  by  the  Senate  and  House  of  Rfp- 
a.9   rescntatives  in  General  Assembly  convened, 
That  it  shall  be  the  duty  of  the  select-men  of  the  several 
Post-guides  to    towns,  at  the  expense  of  their  respective  towns,  to  erect 
be  erected  by    and  keep  up  post-guides,  at  the  corners  or  divisions  of 
select-men.        au  ^he   prmcipal   roads,  leading  from   their  respective 
towns,  to  the  town  or  towns  adjoining  ;  and   such  post- 
guides  shall  indicate,  and  point  out  the  principal,  and 
correct  road,  or  roads,  from  the  towns  wherein  they  are 
erected,  to  the  adjoining  town  or  towns. 

SECT.  2.  If  the  select-men  of  any  town  shall  neglect  to 
Penalty  for  not  erect  post-guides,  agreeably  to  the  requirements  of  this 
erecting  them.   ac^  suc}1  select-rnen  shall  forfeit  and  pay  a  fine,  to  and 
for  the  use  of  the  county,  to  which  said  town  belongs,  not 
exceeding  twenty  dollars,  for  each  month,  during  which 
said  select-men  shall  neglect  to  erect  any  suitable  post- 
guide,  as  aforesaid. 

SECT.  3.  If  the  select-men  of  any  town,  in  which  post- 
Penalty  for  not  guides   have  been,  or  shall  be  erected,  shall   neglect  to 
keeping  them    continue  the  same,  and  keep  the  same  in  repair,  such  se- 
lect-men shall  forfeit  and  pay  a  fine,  not  exceeding  twen- 
ty dollars,  to  the  county  as  aforesaid,  for  every  month, 
during  which  such  neglect  shall  exist. 

SECT.  4.  It  shall  be  the  duty  of  the  attorney  for  the 
States  attornies  state,  in  each  county,  to  make  information  of  all  breach- 
to  make  infor-  es  of  this  act,  by  the  select-men  of  any  town  in  the  coun- 
ty for  which  he  is  attorney,  as  aforesaid,  to   the  county 
court  for  such  county  ;  which  court  shall  have  cognizance 
of  such  information. 

TITLE  80.     Pounds. 

An  Act  to  provide  Pounds,  and  to  regulate  the 
impounding  of  Creatures. 

1     T^^  ^  enac*ed  ty  the  Senate  and  House  of  Rep- 

..  f   MJresentatives  in  General  Jlssemblii  convened, 

-jelect-inen*tQ.  J         .       .    ' 

erect  pounds,      ihat  the  select-men  oi  every  town  shall  erect,  maintain, 

and  keep  in  repair,  at  the  expense  of  the  tc-^n,  a  good 


80.    Pounds.  333 

and  sufficient  pound  or  pounds,  for  the  impounding  and 
rcstaining  therein  all  creatures,  which  shall  be  found 
damage-feasant,  or  which  shall  be  liable  by  law  to  be 
impounded^  and  if  any  town  shall  be  without  a  sufficient 
pound,  for  the  purpose  aforesaid,  the  select-men  shall  for- 
feit the  sum  of  two  dollars  per  month,  for  every  month  Penalty  fop 
such  town  is  unprovided  with  a  sufficient  pound  or  pounds,  n'S'*cf; 
one  half  to  him  who  shall  prosecute  to  effect,  and  the 
other  half  to  the  treasury  of  the  county. 

SECT.  2.  When  any  town  shall  grant  to  a  society,  or  Society,  or  pw» 
any  particular  part  of  the  town,  liberty,  at  their  own  ex-  ticulaf  P^of* 

j      c     A     •  town,  mp.y 

pense,  to  erect  a  pound  or  pounds,  for  their  own  coav«n-  bav*  •  poW. 
•ence,  (which  grants  towns  are  empowered  to  make,) 
then  such  pound  or  pounds  shall  be  maintained  by  such 
society,  or  particular  part  of  the  town,  and  the^elect- 
men  shall  not  be  punishable  for  their  deficiency. 

SECT.  3.  Every  person  shall  have  right  to  impound  Wh«n  hearts 


horses,  cattle,  asses,  mules,  sheep,  goats  and  swine,  found  ar« 

doing  damage  on   his   land,  inclosed  by  a  wifficient  and  gi^ea  to  th* 

lawful  fence  ;  and  when  any  person  shall  have  impound-  owners. 

od  any  creatures,  he  shall  give  notice  thereof,  within 

twenty-four  hours,  if  the  owner  be  known  ;  and  on  neg- 

lect thereof,  he  shall  forfeit  the  sum  of  twenty  cents  per 

head,  for  every  beast  so  by  him  impounded,  and  the  same 

sum  for  every  day,  after  the  first  day,  that  he  shall  neglect 

to  give  notice  as  aforesaid,  to  the  use  of  the  owner  there- 

of, who  shall  recover  the  same,  by  a  proper  action  ;  and 

shall  also  pay  all  necessary  expense  to  the  pound-keeper, 

for  providing  food  and  water  for  such  creatures  so  im- 

pounded. 

SECT.  4.  If  creatures  be  impounded,  and  the  own*  Froc«e<3ingA.*p 
thereof  be  not  known,  the  impounder  shall  forthwithj"af-  Impounding 
ter  impounding  the  same,  inform  one  of  the  constables  of  *reatctf<* 
the  town  thereof,  who  shall  advertise  them,  by  setting  up 
on  the  sign-post  in  the  town  where  they  are  impounded, 
and  in  two  of  the  next  neighboring  towns  from  which  it 
may  be  most  likely  such  creatures  came,  a  description  of     I 
them,  with  their  natural  and  artificial  marks,  and  of  the       v 
place  where  taken.     If  no  owner  appear  in  eight  dayi,  in  s*'e.» 
the  case  of  sheep  or  swine,  and  in  twenty  days  in  the  case 
of  other  creatures,  after  they  shall  have  been  advertised 
as  aforesaid,  then  such  constable  may  sell  so  many  of  them 
as  will  be  sufficient  to  satisfy  the  damage  and  poundage, 
and  the  reasonable  expense  of  supporting,  advertising 
and  selling  them.     Provided,  that  the  fence  about  the  pr«vi«o  41  <o 
enclosure,  out  of  which  creatures  are  impound^  must  •u«ci«»cy  of 
be  found  sufficient  by  two  sworn  fence-viewers,  before  ° 
nny  sale  shall  be  made  as  aforesaid.     And  whenever  any 
creatures  shall  be  impounded  and  advertiwd,  according 

44 


334  Title  80.     Pounds. 

to  the  provisions  of  this  section,  the  impounder  shall  call 
two  fence-viewers  to  view  the  fence  of  the  enclosure 
from  whence  the  creatures  were  taken,  and  estimate  the 
damages  done  by  such  creatures,  at  the  end  of  five  days 
after  said  creatures  are  impounded. 
Description  of  SECT.  5.  The  marks,  natural  and  artifical,  of  the  crea- 

beasts  to  be  en-  tures  so  sold,  shall  be  entered  in  the  town-clerk's  office, 

tered  in  town-       .  ,  c 

book.  .     w^h  an  account  01  the  charges,  and  the  price  for  which 

they  sold,  and  the  overplus,  if  any,  after  the  town-clerk 
„  shall  be  paid  for  the  entry,  shall  be  delivered  to  the  town- 
treasurer,  to  be  kept  for  the  owner,  if  he  appears  within 
one  year- ;  otherwise,  it  shall  belong  to  the  town.     If  any 
of  the  creatures,  so  impounded,  shall  remain  unsold,  after 
selling  enough  to  satisfy  the  damages  and  costs,  they  may 
be  released,  or  proceeded  with  as  in  the  case  of  estrays. 
Right  of  owner  If  the  owner  shall  appear  within  eight  days,  in  the.  case 
to  replevy.         of  sheep  and  swine,  or-Jtwcnty  days,  in  the  case  of  other 

\  creatures,  lie  shall  have  right  to  replevy  the  same. 
Duty  of  owner       SECT.  6.  If  any  person,  whose  creatures  are  impound* 
te/noticT'  **"    ec^'  sna^  not'  w*tnui1  twenty-four  hours  after  notice  given 
to  him,  replevy  the  same,  he  shall  incur  the  same  penal- 
ty as  persons,  who,  having  impounded  creatures,  neglect 
Proviso,  as  to     to  give  notice  to  the  owners.     Provided,  that  the  owner 
tender  of  dam-  of  creatures  may,  if  he  thinks  proper,  procure  two  indif- 
ages  and  costs.    feren^  freeholdcrs  of  the  town,  to  estimate  the  damages 
done  by  such  creatures,  and  tender  the  same,   with  the 
•costs,  to  the  impounder ;  and  if  he  shall  refuse  to  accept 
the  same,  and  the  owner  is  obliged  to  replevy  his  crea- 
tures, then  the  impounder  shall  recover  no  costs,  but  shall 
.  fee  liable  to  pay  costs  to  the  owner,  unless  the  court  who 
tried  the  action,  shall  find,  that  he  was  entitled  to  more 
damages  and  costs  than  the  sum  tendered. 
In  what  cases        SECT.  7.  No  person  shall  be  entitled  to  a  recovery  for 

damages  shall    damages  done  in  his  inclosure,  through  the  insufficiency 
be  recoverable.     r,  . 

01  his  fence,  Unless  such  damages  were  done  by  swine  or 

horses,  or  other  creatures,  that  go  at  large  on  the  com- 
mons contrary  to  law,  or  by  unruly  cattle,  that  will  not 
be  restrained,  by  ordinary  fences  :  or  where  the  owner  of 
cattle  sh^ll  put  his  cattle  into,  or  voluntarily  trespass  on 
his  neighbor's  inclosure ;  or  where  it  shall  appear,  that 
though  part  of  the  fence  is  deficient,  the  cattle  broke  and 
entered  through  a  sufficient  fence  ;  in  which  case,  the 
owner  of  the  land  may  impound  such  creatures,  and  re- 
cover poundage  and  damages. 

'S.ECT.  8.  If  any  person  shall  rescue  any  creatures  liable 
to  be  impounded,  out  of  the  hands  or  custody  of  any  per- 
son or  persons  goin;_;  to  pound  with  them,  or  shall  attempt 
to  prevent  him  or  them  from  driving  such  creatures  to 
pound,  or  shall  resist  them  therein,  such  person,' so  of- 


Title  8£.     Pounds.  33,5 

*fcnding,  shall  forfeit  the  sum  of  four  dollars  :  and  if  any  Penalty, 
person  shall  break  the  pound,  or  in  any  way.  convey  p 
out  of  it  any  beasts  lawfully  impounded,  he  shall  forfeit 
the  sum  of  seven  dollars  ;  one  half  of  which  forfeitures  penalty, 
shall- be  to  the  use  of  him  who  shall  prosecute  to  effect, 
(  and  the  other  half  to  the  treasury  of  the  town  where  the    • 
offence  is  committed .;  and  shall  also  pay  to'  the  party  in- 
jured all  the  damages  he  shall  sustain,  by  such   rescue  or 
pound-breach  ;  and  where  such  rescue  or  pound-breach 
is  effected,  by  the  children,  or  servants  of  the  owner,  or 
owners  of  the  creatures,  such  owner  or  owners  shall  pay 
all  the  damages  and  forfeitures,  in  the  same  manner  as  if 
done  by  themselves. 

SECT.  9.  If  any  creature?,  lawfully  impounded,  shall  Escape  from 
escape  out  of  any  pound,  and  the  owner  is  known,  the  PounJ- 
person  who  impounded  them  shall  be  entitled  to  an  action 
of  debt,  to  recover  the  poundage,  and  damages  from  the 
owner,  on  his  making  oath  that  he  took  them  damage- 
feasant:  provided,  that  all  prosecutions  for  breaches  of  Prosecutions 
this  act  shall  be  within  nine  months  after  the  commission 
of  the  offence. 

SECT.  1Q.  It  shall  be  the  duty  of  the  several  towns,  at  Towns  to  ap- 
their  annual  meeting,  to  appoint  a  pou.nd-keeper,  whose  £eepefs°UUCl" 
duty  it  shall  be  to  receive  and  keep  all  creatures  lawful- 
ly brought  to  pound,  and  to  provide  for.  them  necessary 
food  and  water,  while  in  pound,  for  which  he  shall  be 
allowed  twelve  cents  per  day  lor  hor-es,  cattle,  asses,  Allowance  for 
mules,  and  swine,  each  ;  and  three  ,  oen(>  per  day,  for  footl  and  wa* 
sheep  and  goats,  each.     The  fees  for  poundage,   to  be   e-' 
paid  by  the  owner  or  owners  of  creatures  impounded,  Poundage  fees, 
shall  be  twelve  cents  each,  for  horses,  cattle,  asses,  mules 
and  swine  ;  two  cents  each,  for  sheep  ;  and  three  cents 
each,  for  goats,  payable  one  half  to  the  impounder,  and 
the  other  half  to  the  pound  keeper.     And  the  owner  or 
owners  of  any  beasts  impounded  shall- rrot  redeem  or  re- 
plevy  the  same  out  of  the  pound,  till  he  or  they  have 
paid  to  the  pound-keeper  his  poundage  fees,  and  the 
lawful  expense  for  providing  food  and   water  for  such 
creatures,  while  in  pound  ;  which  he  shall  be  entitled  to 
recover,  in  his  action  of  replevin,  against  the  impounder, 
if  it  shall  be  found,  that  such  creatures  were  unlawfully 
impounded. 

SECT.  11.  No  swine  shall  be  allowed  to  go  at  largeln  Swine,  how  re- 
the  highways  or  commons ;  and  if  any  person  or  persons  strained 
suffer  their  swine  to  go  at  large  in  the  highways  or  com- 
mons, it  shall  be  the  duty  of  the  haywards  of  the  town, 
and  it  shall  be  lawful  for  any  person,  to  impound  them  ; 
and  the  poundage  shall  be  twelve  (jents  for  each  swine,  Poundage  fe«, 
one  half  of  which  shall  be  paid  to  the  impourider,  the  other 


Title  dl.     facorcls. 

half  to  the  pound-keeper  :"  *n<!  such  swine  shall  not  be 
released,  tilF  the  owner  or  owners  shall  have  paid  the 
poundage,  and  the  expense  of  keeping  the  swine  till 
.  •»  t«    released,     provided,  that  each  town  may  permit  swine 

permit-    ^      ^  large,  under  such  regulations,  as  they  may  think 
ting  awin*  to  TV  •  a*       i  >  A    i  • 

$0  qj  tege        proper  ;  and  where  swine  suffered  to  go  at  large  in 

town-  shall  go  into  a  town  where  they  arc  restrained,  they 
shall  be  under  the  same  regulations  as  swine  are  in  such 

town. 

//zr. ...  'W  .     .  _    - 

TITLE  81.     Records* 

An  Act  prescribing  the  mode  of  preserving  and 
certifying  the  Records  of  Justices  of  the  Peacer 
in-  certain  cases. 


.  T  l[3fr£*'*  enacted  6y  the  seriate  and  House  of  Rep  • 
JL9  fcwntatives  in  General  Assembly  convened, 
Tha-t  whenever  a  person,  who,  at  any  time  has  been,  or 
cords  of  ju»ti.  exercised  the  officfi  of,  a  justice  of  the  peace,  shall  die, 
tobe  lodged*6*  or  ^^  remove  out  of  the  state,  or  be  removed  from,  or 
\rttb  town-  iidt  appointed'  to  Office,  for  some  crime  of  which  he  shall 
clerfce.  fce  cortvicted,  on  impeachment  or  otherwise,  his  files  and 

records  shall  be,  t>y  him,  his  heirs,  executors  or  adminis- 
trators, lodfged  in  the  t»wn-clerk*s  office,  where  he  last* 
resided  :  and  the  town-clerk  is  iriapowered  and  required, 
if  need  be,  to  demand  and  receive  such  files  and  records, 
,.        ,     to  keep  the  same  safely,  and  to  give,  when  required,  true 
To  g»  •  e&piej.  an(j  afteste<j  COpieS)  which  shall  be  legal  evidence ;  and  if 

such  justice  of  the  peace,  or  person  who  has  exercised 

that  oflice,  shall  i  emsc  to  deliver  such  files  and  records  to 

,        the  town-clerk,  within  ten  days  after  demand,  he  shall 

fusing'to  dliiv'  incur  a  penalty  of  five  dollars,  for  each  week  he  shall  sa 

cr  flies  and  re-   neglect  or  refuse  to  deliver  the  same  to  the  use  of  the 

e«rds.  county,  where  the  offence  is  committed,  to  be  recovered" 

in  an  action  Brought  in  the  name  of  the  county  treasurer. 

Executory  &c.  And  the  etecntor  or  administrator  of  such  justice  of  the 

liabl*.  pe&e*  er  person,  shall,  in  like  manner,  deliver  over  to  the 

towfr-clerk  such  files  and  records  as  are  in  his  custody^ 

belonging  to  the  deceased,  and  on  like  notice  and  refu- 

t»l,  shall  be  eulgtct  to  the  same  penalties,  to  be  recover- 

•din  the  same  manner  as  herein  is  provided. 

JostiftrfiNiti^  •ict.  2.  Whenever  any  person,  who  has  been,  or  has 
Ioiated0maPy  exerci»€d  the  office  of,  a  justice  of  the  peace,  shall  be  re- 
perfctl  their  moved  frotn,  or  not  appointed  to  office,  for  other  cause 
r«c«§Jt  and  lb*fc  t  celmction  of  some  crime,  he  shall  have  a  right  to 
girt  9o$9s.  perfect  his  records  from  the  files,  as  occasion  may  require, 
•ndto  give  certified  copie&jfcereof,  which  shall  be  Jegod 


Title  82.      Replffvik 

TITM 82, 

An  Act  authorising  Writs  of  Replevin. 

-      l£E  it  enacted  by  the  Senate  and  House  ofRep' 
MJ  resentatives,  in  General  Assembly  convened, 
That  every  person  shall  have  power  to  replevy  his  cat-  Power  to  re- 
fle,  goods  or  chattels,  when  impounded  and  distrained  ;  Plev7  Pro 
provided  that  any  estate  levied  upon  by  execution,  after  dTstrained 
judgment,  or  taken  by  warrant,  for  fines  or  taxes,  shall  not 
be  replevied. 

SECT.  2.  Writs  of  replevin  shall  be  signed  by  a  justice  Signing,  and 
of  the  peace,  or  other  authority  by  law  authorized  to  bon.d  f 
sign  writs,  who  shall  take  a  bond,  with  sufficient  surety,  cutlon- 
conditioned  that  the  plaintiff  shall  prosecute  his  action  to 
cflfect,  and  pay  all  damages,  and  costs  the  adverse  party 
may  recover  against  him. 

SICT.  3.  When  the  damages  demanded  do  not  exceed  To  what 
thirty-five  dollars,  the  writ  shall  be  returnable  to  a  justice  writs  sha11  be 
af  the  peace ;  but  if  the  demand  is  more  than  thirty-five  " 
dollars,  the  writ  shall  be  returnable  to  the  county  court. 
When  a  writ  is  made  returnable  to  a  justice  of  the  peace, 
the   defendant   may   make  avowry,  and  demand  such  Avowry. 
damages  as  he  may  have  sustained  :  if  the  damages,  de- 
manded by  the  avowant,  shall  not  exceed  thirty-five  dol- 
lars, and  shall  be  more  than  seven,  euch  cause  shall  be 
appealable  to  the  next  county  court,  though  the  demand  Appeal. 
in  the  writ  of  replevin  does  not  exceed  seven  dollars  ; 
and  the  party  appealing  shall  give  bond,  with  sufficient 
surety,  to  prosecute  his  appeal  to  effect,  and  answer  all 
damages  in  case  he  make  not  his  plea  good  :  if  the  dam- 
ages demanded  by  the  avowant  shall  exceed  thirty-five 
dollars,  then  such  cause  may  be  removed  to  the  next  Removal, 
county  court,  in  the  same  manner  as  when  the  defend- 
ant pleads  title  to  land  in  an  action  to  trespass  :  Provid- 
ed, that  the  avowant  shall  recover  no  costs,  unless  he  re- 
covers more  than  thirty-five  dollars  damages.  And  where 
the  parties  join  issue  upon  a  plea  of  title,  such  action  may 
be  removed  in  like  manner. 

SECT.  4.  If  the  plaintiff  in  the  writ  of  replevin  shall  Proceedings 
fail  to  appear,  or  withdraw,  or  become  non-suit,  before  ^  ^evio'L.. 
issue  joined,  then  the  defendant  shall  have  power  to  make  to  appear,  &c. 
a  suggestion  in  the  nature  of  an  avowry,  stating  the  inju- 
ry he  has  sustained,  and  his  claim  for  damages,  and  the 
court  shall  proceed  to  enquire  as  on  a  hearing  in  dama- 
ges, and  shall  render  judgment  in  favor  of  the  defendant,  fe 
to  recover  guci  sum  for  the  damages  he  has  sustained  as 


Writ  te  what 
court  retuma- 


Titled     Replevin. 

they  shall  think  just,  and  his  costs.  And  if  the  plaintiff 
shall  withdraw,  or  become  non-suit,  after  issue  joined, 
and  before  trial,  the  court  may,  in  like  manner,  render 
judgment  for  the  defendant  to  recover  the  damages  he  has 
sustained. 

Replevin  of  SECT.  5.  When  any  goods  or  effects  are  attached,  the 
y'  g°°  "  a//ac,l/'  defendant  in  the  suit  shall  have  power  to  replevy  the 
5  :BoncT';  "  same,  on  giving  a  bond,  with  sufficient  surety,  to  the  val- 
ue of  the  goods  and  chattels  attached,  conditioned  to  pay 
the  debt  or  damages  and  costs?  which  the  adverse  party 
in  the  suit  on  which  such  goods  and  chattels  are  attached, 
shall  recover  against  him  ;  which  writ  shall  be  returned  to 
the  same  court,  to  which  the  writ  on  which  the  estate  was 
attached,  is  returnable,  and  lodged  with  the  clerk  of  such 
court,  that  the  bond  may  be  a  security  to  the  plaintiff  for 
the  judgment  he  may  recover  against  the  defendant  ;  and 

Officer's  liabili-  if  the  officer  serving  such  writ  of  replevin,  shall  fail  to 

ty  for  neglect.  return  such  writ  to  such  court,  without  the  written  con- 
sent of  the  party  who  has  attached  such  property,  he 
shall  be  liable  to  pay  such  party  double  damages,  in  an 
action  brought  against  him  for  such  neglect. 

Replevin  of  SECT.  6.  Whenever  the  rights  or  shares  of  any  person 

stock  of  mcor-  or  persons    jn  an}'  bank,  insurance  company,  turnpike 

porated  com-  ,-,     J  '    . 

panies.       •      company,  or  other  corporation,  shall  be  attached,  it  shall 

be  lawful  for  him  or  them  to  cause  the  same  to  be  replev- 
ied,  in  the  same  manner  as  in  case  of  other  property 
attached  :  and  the  officer  serving  the  writ  issued  in  such 
.case,  shall  leave  a  true  and  attested  copy  with  the  cash- 
ier, clerk  or  secretary  of  the  bank,  insurance  company, 
turnpike  company,  or  other  corporation,  the  shares  or 
rights  in  which  have  been  attached,  and  such  writ  shall 
be  returnable  to  the  same  court  as  the  writ  by  which 
such  rights  or  shares  were  attached,  and  shall  be  so  re* 
turned  by  the  officer  serving  the  same,  and  for  his  neglect 
he  shall  be  liable  as  in  other  cases  ;  and  on  a  copy  being 
so  left,  the  shares  or  rights  attached  shall  be  released 
from  the  attachment,  and  the  bond  in  the  writ  of  replevin 
shall  be  a  security  to  the  plaintiff  in  the  suit  by  attach- 
ment, to  recover  his  debt  or  damages. 

SECT.  7.  The  person  or  persons  who  shall  give  bond 

UpOn  any  wrjt  of  replevin,  shall  not  be  liable  to  pay  any 

.  .,     ',  .   , 

greater  sum,  m  any  suit  which  may  be  brought  on  any 

bond,  than  the  value  of  the  property  replevied  by  virtue 
of  said  writ. 

SECT.  8.  When  any  goods  or  chattels  shall  be  attach- 
ed'  and  anv  person,  other  than  the  defendant  in  the  suit, 
shall  claim  to  be  the  owner  of  them,  such  person  shall 
have  power  to  replevy  the  same,  on  giving  bond  before 
the  justice  of  the  peace,  orother  authority,  signing  the 


Limitation  of 
liability  on  re- 
plevm  bonds. 


Replevin  of 


the  suit. 


Title  83.    Riots.  339 

writ,  with  sufficient  surety,  in  a  sum  equal  to  the  value  of 
the  goods  attached,  conditioned  to  prosecute  his  action 
of  replevin  to  effect,  and  in  case  he  fail  to  make  his  plea 
good,  to  return  and  deliver  the  goods  and  chattels  at- 
tached, to  the  officer  attaching  the  same,  so  that  they 
may  be  forth-coming  to  betaken  by  an  execution  that 
may  be  granted  in  the  suit  on  wftich  they  were  attached, 
and  on  failure  thereof,  to  pay  the  debt  or  damage  that 
may  be  recovered  in  such  suit.  And  the  plaintiff  in  such 
writ  of  replevin  may  cite  the  party,  who  attached  the 
goods  and  chattels  ordered  to  be  replevied,  to  appear 
before  a  proper  court,  to  answer  to  a  charge  for  unlawful- 
ly taking  the  same  :  and  if  such  plaintiff  shall  make  out 
a  title,  to  such  goods  and  chattels,  he  shall  have  judgment 
to  retain  the  same,  with  his  damages  and  costs  ;  but  if  he 
shall  fail  to  make  out  a  title,  judgment  shall  be  rendered 
against  him  to  return  such  goods  and  chattels  to  the  offi- 
cer who  attached  the  same,  and  that,  on  failure  thereof, 
he  shall  pay  the  value  of  such  goods  and  chattels,  or  the 
debt  or  damages  and  costs,  recovered  in  the  action  on 
which  they  were  attached,  in  case  they  exceed  in  value 
the  amount  of  the  debt  or  damages  and- costs. 

TITLE  83.    Riots. 
An  Act  for  the  suppression  of  Riots. 

•  fcE  it  enacted  by  the  Senate  and  House  of  Rep-  , 

mm  resentatives,  in  General  Mssembly  convened, 
That  if  any  three  or  more  persons  shall  come  together,  Authority  to 
with  an  intention  to  do  any  unlawful  act,  with  force  or  vio- 
lence,  against  the  peace,  or  to  the  manifest  terror  of  the  ers. 
people,  every  justice  of  the  peace,  sheriff,  deputy-sheriff, 
constable,  and  select-man,  within  the  limits  of  his  jurisdic- 
tion, shall  be,  and  hereby  is  authorized,  empowered  and 
required,  on  notice  or  knowledge  of  any  such  unlawful 
and  riotous  assembly,  to  resort  to  the  place  where  such 
assembly  shall  be,  and  among,  or  as  near  as  he  can  safely 
come  to  such  rioters,  with  an  audible  voice,  to  command, 
or  cause  to  be  commanded,  silence  to  be  observed,  while 
proclamation  is  making  ;  and  after  that,  he  shall  openly, 
and  with  an  audible  voice,  make,  or  cause  to  be  made, 
proclamation  in  these  words,  or  in  words  to  the  like  ef- 
fect, to  wit :  "  In  the  name  and  by  authority  of  the  state  Form  of  prog, 
of  Connecticut,  I  charge  and  command  all  persons  assem- 
bled, immediately  to  disperse  themselves,  and  peaceably 
to  depart  to  their  habitations,  or  to  their  lawful  business, 
upon  the  pains  and  penalties  of  the  law." 


Title  84.     Sabbath. 


Power  to  ap- 
prehend riot- 
ers continuing 
together,  after 
proclamation 
made. 


Magistrates 

"ndemnified 


SECT.  2.  If  such  persons,  so  unlawfully  and  riotously 
assembled,  or  any  three  or  more  of  them,  after  proclama- 
nation  made  as  aforesaid,  shall  not  disperse  themselves, 
every  justice  of  the  peace,  sheriff,  deputy-sheriff,  consta- 
ble, or  select-man,  where  such  assembly  shall  he,  and 
such  other  person  or  persons  as  he  shall  command  to  as- 
sist him,  shall  be,  and  hereby  are  authorized,  empowered 
and  required  to  seize  and  apprehend  such  persons  so  un- 
lawftilly  and  riotously  •continuing  together,  after  procla- 
mation made  as  aforesaid,  and  forthwith  to  carry  the  per- 
sons so  apprehended,  before  some  justice  of  the  peace,  in 
order  to  their  being  proceeded  against  according  to  law. 

SECT.  3.  And  if  any  of  the  persons  so  tnlawfully  and 
riotously  assembled,  shall  happen  to  be  killed,  or  maimed , 
or  hurt,  in  the  dispersing  or  apprehending,  or  endeavor- 
ing to  disperse  or  apprehend  them,  by  reason  of  their  re- 
sisting the  person  so  dispersing,  or  endeavoring  to  dis- 
perse or  apprehend  them,  every  justice  of  the  peace, 
sheriff,  deputy-sheriff,  constable  and  select-man,  and  all 
persons  aiding  them,  or  any  of  them,  shall  be  freed,  dis- 
charged and  indemnified,  as  well  against  the  public,  as 
against  every  person,  and  all  persons  whatsoever,  of  and 
from  such  killing,  maiming,  or  hurting  of  any  person  or 
persons  so  unlawfully  and  riotously  assembled* 


TITLE  84.     Sabbath. 


An  Act  for  the  due  observation  of  the  Sabbath, 
or  Lord's  Day,  and  days  of  public  Fasting  and 
Thanksgiving. 


SECT.   1. 


(E  it  enabled  by  the  Senate  and  House  ofRrp- 
rescntativcs  in  General  Assembly  convened, 
Secular  busi-     That  it  shall  the  duty  of  the  citizens  of  this  state  to  at* 
prohibited  on     tend  the  Pubnc  worship  of  God,  on  the  Lord's  day  ;  and 
the  Lord'*  day.  that  no  person  or  persons  shall  do  any  secular  business, 
work  or  labor,  works  of  necessity  and  mercy  excepted  { 
nor  keep  open  any  shop,  \tare-house  or  work-hoo0e  ;  nor 
expose  to  sale  any  goods,  wares  or  merchandise,  or  anj 
other  property  ;  npr  use  a»f  §port,  game,  play,  or  recre* 
ation,  on  the  Lord's  day  ;  nor  shall  any  traveller,  drover, 
waggoner,  or  teamster,  travel  on  said  day,  except  from 
necessity  or  charity.     And  every  person,  so  offending, 
shall  pay  a  fine  not  exceeding  four  dollars,  nor  less  than 
one  dollar. 

SECT.  2.  No  person  shall  be  present  at  any  concert  of 
music>  dancing,  or  other  public  diversion,  on  the  evening 


Attending  pub 


Title  84.     Sabbaiii.  34 1 

ceding  the  Lord's  day,  on  said  day,  or  on  the  evening 
of  said  day,  on  penalty  of  four  dollars. 

SECT.  3.  No  persons  shall  meet  in  company  or  compa-  Meeting  in 
nies,  in  the  streets,  or  elsewhere,  on  the  Lord's  day,  ex-  CJJJ?JJ' js> 
cept  for  the  public  worship  of  God.  or  some  work  of  no-  P' 
cessity  or  mercy,  on  the  penalty  of  one  dollar,  each,  for 
every  such  offence. 

SECT.  4.  All  prosecutions  for  the  breach  of  the  pre-  Limitation  of 
ceding  sections,  shall  be  within  one  month  after  the  com-  prosecutions, 
mission  of  the  offence. 

SECT.  5.   If  any  civil  process  shall  be  issued,  01  served,  civil  Proccss: 
between  the  setting  of  the  sun   on  Saturday  night,  and  when  void' 
twelve  o'clock  of  the   succeeding  Lord's  day  night,  it 
shall  be  void.'[l^ 

SECT.   6.    fF  any  person   or  persons,   either  on  the  Disturbing 
Lord's  day,  or  at  any  other  time,  shall  wilfully  interrupt  or  J5J£bI?0f" 
disturb  any  assembly  of  people,  met  for  die  public  wor-  ship  prohibit 
ship  of  God,  each  person  so  offending,  shall  pay  a  fine  not  eti- 
exceeding  thirty-four  dollars,  nor  less  than  one  dollar. 

SECT.  7.  Each  town  shall,  at  their  annual  meeting,  Tyihing-men 
choose  two  or  more  typing-men,  in  each  society  or  COB-  lo  ,be  cnosen 
gregation,  who  shall  he  sworn  to  a  faithful  discharge  of ai 
the  duties  of  the  office  ;  and  it  shall  be  the  duty  of  such  Their  dutJ'- 
ty  thing-men,  and  of  grand-jurors  and  constables,  to  en- 
quire after,  and  make  due  presentment  of,  all  breaches 
of  this  act ;  and  every  sheriff,  constable,  grand-juror  and  Officers  em- 
tything-man,  shall  have  power,  and  they  are  hereby  di-  apprehend° 
rected,  to  apprehend  and  carry  before  a  justice  of  the  transgressors, 
peace,  all  persons  transgressing  this  act,  to  be  dealt  with 
according  to  law,  provided  they  are  taken  on  sight,  or 
immediate  information  of  others  ;  and  to  command  all  ne* 
cessary  assistance ;    and  whosoever  shall  refuse  to  obey 
such  command,  and  shall  neglect  to  afford  his  utmost-  as- 
sistance to   apprehend  such  offenders,  shall  suffer  the 
same  penalties  as  persons  who  refuse  to  assist  sheriffs  and 
constables  in  the  execution  of  their  office. 

SECT.  8.  And  on  days  appointed  for  public  fasting  or  Servile  labor 

•    •  i          ,  •          f.i  cji.      i i      and  recrea- 

thanksgrving,  by  proclamation  of  the  governor  of  the  state,  tioDi  on  days 

all  persons  shall  abstain  from  every  kind  of  servile  labor  of  fasting  and 
and  recreation,  works  of  necessity  and  mercy  excepted ; 
and  every  person  who  shall  be  guilty  of  a  breach  of  this 

• 

(1)  No  people  ever  had  a  higher  idea  of  ing  the  operations  of  the  statute  to  the  so- 
the  sanctity  of  the  Lord's  day  than  the  first  lar  day  ;  and  the  supreme  court  of  errors 
settlers  of  "New-England.  They  prohibit-  having  decided,  that  civil  process  could 
eel  all  secular  business,  excepting  works  of  be  executed  before  sun-rise  and  after  sun- 
necessity  and  mercy,  on  that  day;  and,  set,  on  the  Lord's  day;  the  language  of 
for  a  long  time,  it  was  observed  with  the  the  statute  is  now  rendered  more  explicit, 
utmost  strictness  and  rigor.  But  in  more  so  as  to  remove  any  doubt  respecting  its 
modern  times,  sundry  decisions  having  construction.  See  Fox  v.  Mel,  2  CON?; 
been  made,  by  the  superior  couii,  confin-  Rep.  541. 


Title  85.     Salaries  and  Fees. 


Appropriation 
of  fines,  &c. 


Stage-owners, 
drivers,  &.c. 
not  to  suffer 
any  person  to 
travel  on 
Lord's  day. 


Penalty. 

Proviso,  as  to 
United  States' 
mail. 


Persons  keep- 
ing seventh 
tlay  of  the 
week,  not  to 
be  liable  to 
the  penalties 
of  thin  act. 


•section,  shall  be  fined  a  sum  not  exceeding  two  dollars, 
nor  less  than  one  dollar.  And  all  tines  and  penalties,  in- 
curred by  a  breach  of  this  act,  shall  be  for  the  use  of  the 
town  where  the  offence  is  committed. 

SECT.  9.  No  proprietor  or  proprietors,  or  driver  of  any 
•coach,  waggon,  sleigh,  or  other  carriage,  belonging  to,  or 
employed  in,  any  line  of  stages,  or  extra  carriage  ;  or 
proprietor  or  driver  of  any  hackney  coach,  coachee. 
chaise,  sleigh,  or  other  pleasure  carriage  ;  shall  suffer  or 
allow  any  person  or  persons  to  travel,  except  from  neces- 
sity or  charity,  in  such  carriage,  on  the  Lord's  day,  on 
penalty  of  twenty  dollars  for  every  offence  :  Provided, 
that  this  act  shall  not  extend  to  the  owners  or  drivers  of 
carriages  employed  for  carrying  the  United  States'  mail 
through  this  state,  on  the  Lord's  day. 

SECIT.  10.  No  person,  who  conscientiously  believes, 
that  the  seventh  day  of  the  week  ought  to  be  observed  as 
the  sabbath,  and  actually  refrains  from  secular  business 
and  labor,  on  that  day,  shall  be  liable  to  the  penalties  of 
this  act,  for  performing  secular  business  or  labor  on  the 
Lord's  day,  or  first  day  of  the  week,  provided  he  disturbs 
no  other  person  while  attending  the  duties  of  public  wor- 
ship. 


Salaries  and 
fees  establish- 
ed, for 


Governor, 


Lieutenant- 
Governor, 

Senate  and 
clerk, 


Representa- 
tives, speaker 
a»d  clerks. 


TITLE  85.     Salaries  and  Fees. 
An  Act  for  regulating  Salaries  and  Fees. 


SECT.  1. 


E  it  enacted  by  the  Senate  and  House  ofRep- 

i-        •    n          /  /j  j 

resentatives  in  Lre,neral,Jlssembly  convened. 

That  the  salaries  and  fees  of  the  several  officers  of  the 
state  herein  mentioned,  and  of  the  members  of  the  gene- 
ral assembly,  shall  be  established  as  follows,  to  wit  : 

To  the  governor,  per  annum,  one  thousand  one  hundred 

dollars. 
To  the  lieutenant-governor,  per-annum,  three  hundred 

dollars. 
To  each  member  of  the  senate,  and  the  clerk  thereof, 

while  in  session,  per  day,  two  dollars  ;  and  for  travel 

in  going  to,  and  returning  from  the  place  of  session, 

nine  cents  per  mile. 
To  each  member  of  the  house  of  representatives,  while 

in  session,  per  day,  one  dollar  and  fifty  cents,  and  to 

the  speaker,  an  addition  of  one  dollar  per  day,  and  to 

each  of  the  clerks,  an  addition  of  fifty  cents  per  day; 

and  for  travel  in  going  to  and  returning  from  the  place 

of  session,  nine  cents  per  mile. 


Title  85.     Salaries  and  Fees.  3i;j 

To  the  chief  judge  of  the  supreme  court  of  errors,  and  Judges  ofsu- 

superior  court,  one  thousand  one  hundred  dollars  per  Pp™e  fourt 

annum. 
To  each  of  the  four  associate  judges  of  the  supreme  court 

of  errors  and  superior  court,  one  thousand  and  fifty 

dollars  per  annum. 

To  the  treasurer  of  the  state,  one  thousand  dollars  per  Treasurer 
annum,  three  hundred  of  which,  shall  be  paid  from  the 

school-fund,  for  services  regarding  that  fund.  *v 

To  the  comptroller,  one  thousand  dollars.  Comptroller,. 

To  the  secretary  of  state,  eighty-four  dollars.  Secretary, 

To  the  secretary  of  the  governor,  two  hundred  dollars,    govern^  ° 
To  the  reporter  of  judicial  decisions,  three  hundred  and  Reporter, 

fifty  dollars. 
To  the  commissioner  of  the  school-fund,  one  thousand  Commissioner 

dollars  per  annum,  to  be  paid  from  said  fund.  °n^c  °° 

To  the  clerk  of  said  commissioner,  a  sum  not  exceeding  Clerk, 

two  dollars  per  day,  while  necessarily  employed,  to  be 

paid  from  said  fund. 

To  each  of  the  clerks  of  the  treasurer  and  comptroller,  a  Clerks  of 

i-  i    ii  i    c  f,  i         treasurer  and 

sum  not  exceeding  one  dollar  and  hity  cents  per  day,  con,ptroller. 

while  necessarily  employed. 

TECT.  2.  All  the  salaries  allowed  and  granted  by  this  Salaries,  when 
act,  shall  be  paid  semi-anuually,  in  equal  instalments,  on  payable, 
the  second  Mondays  of  May  and  November,  in  each  year ; 
and  the  comptroller  is  hereby  directed  to  draw  on  the 
treasurer  for  the  same  ;  the  salary  of  the  commissioner  o£ 
the  school  fund  excepted. 

Fees  of  the  Superior  Court. 

SECT.  3.  For  trying  each  action,  four  dollars.  Fees  of  supcri- 

For  each  judgment  on  default  or  nonsuit,  two  dollars. 

Fees  of  the  Clerks  of  the  Superior  Court. 
SECT.  4.  For  entering  each  action  and  judgment,   fifty  Clerks. 

cents. 

For  each  jury-warrant,  thirty-four  cents. 
For  filing  and  opening  each  deposition,  five  cents. 
For  each  execution,  twenty-five  cents. 
For  copies,  or  records,  each  page  of  twenty-eight  lines, 

ten  words  in  a  line,  twenty-five  cents. 

Fees  of  County  Court. 
SECT.  5.  To  the  chief  judge,  three  dollars  and  fifty  cents,  County  courh. 

per  day,  during  the  session  of  the  court,  and  for  travel 

to  and  from  court,  nine  cents  per  mile. 
To  each  of  the  associate  judges,  three  dollars  per  day, 

during  the  session  of  the  court,  and  for  travel  to  and 

from  court,  nine  cents  per  mile, 
for  trying  each  action,  two  dollars. 


344 


Clerks. 


Jurors. 


Probate  fees. 

Administration 
letter. 


Bond. 

Limitation  of 
creditors. 

Probate  of  will. 


Executor's 

bond. 

Inventory. 

Setting  out  fur- 
niture to  wid- 
ow. 

Settling  ac- 
counts of  ad- 
ministration. 
Order  of  distri- 
bution. 
Dower. 
Appraisers. 

Notice. 


Appointing 
commissioners. 
Extending 
time. 


Title  85.     Salaries  and  f  >/•.'. 

For  each  judgment  on  default,  or  non-suit,  fifty-nine  cciu^  - 
For  a  license  to  each  tavern-keeper,  or  tanner,  one  dol- 
lar, whereof  to  the  clerk,  seventeen  cents. 

Fees  of  the  Clerks  of  the  County  Courts. 

SECT.  G.  For  entering  each  action,  five  cents* 

For  each  jury-warrant,  thirty-four  cents. 

For  entering  each  judgment,  or  continuance,  seventeen 
cents. 

For  opening  depositions,  the  same  as  clerks  of  the  supe- 
rior court. 

For  signing  writs,  taking  bonds,  &c.  the  same  as  justices 
of  the  peace,  for  like  services. 

For  each  execution,  seventeen  cents. 

For  copies,  or  records,  the  same  as  clerks  of  the  superior" 
courts 

Fees  of  Jurors  at   Superior  and  County  Courts. 

SECT.  7.  For  each  cause  in  which  a  jury  shall  be  em- 
panneled,  seventy -five  cents  to  each  juror  attending, 
fifty  cents  of  which  shall  be  paid  by  the  parties,  and 
twenty-five  cents  by  the  state. 

For  travel  to  and  from  court,  five  cents  per  mile. 

Fees  of  Court  of  Probate. 

SECT*  8.  For  granting  administration,  seventy-five  cents. 

For  making  out  each  letter  of  administration,  twenty- 
five  cents. 

For  administration  bond,  twenty-five  cents. 

For  estch  decree,  limiting  the  time  for  exhibiting  the 
claims  of  creditors,  fifty  cents. 

For  receiving  and  probate  of  each  will,  seventy-five 
cents. 

For  executor's  bond,  twenty-five  cents. 

For  receiving  and  probate  of  each  inventory,  a  commis- 
sion at  the  rate  of  fifteen  cents,  for^each  and  every 
thousand  dollars  thereof. 

For  setting  out  household  furniture  to  a  widow,  seventy- 
five  cents. 

For  stating  and  settling  an  administrator's  or  executor's 
account,  one  dollar  and  twenty-five  cents. 

For  each  order  of  distribution,  seventy-five  cents. 

For  each  order  for  setting  out  dower,  fifty  cents. 

For  an  order  appointing  appraisers  of  an  estate,  fifty 
cents. 

For  an  order  of  notice  to  attend  the  appointment  of  com- 
missioners, fifty  cents. 

For  an  order  appointing  commissioners,  fifty  cents. 

For  an  order  extending  the  time  of  settling  an  estate,  fifty 
cents. 


Title  85.     Salaries  and  Fees.  34a 

For  accepting  and  approving  the  report  of  commission-  Approving  re- 
ers,  fifty  cents.  pott  of  com- 

t?  j  11         i  i  !' n  tnissioners. 

p  or  an  order  to  sell  real  or  personal  estate,  fifty  cents^    Order  to  sell. 

For  an  order  on  the  executor  or  administrator,  (o  pawut  Order  to  pay 

of  the  estate,  to  creditors,  in  proportion  to  their  d^fots,  debts. 

one  dollar. 

For  accepting  a  return  of  the  sale  of  estate,  fifty  cents.      Accepting,  re- 
For  allowing  an  appeal,  taking  bond,  and  making  out  iude- turn  °f  sa'e- 

ment,  thirty-four  cents.  pelT"^ 

For  receiving  and  approving  a  distribution,  seventy-five  Approving  dis- 

cents.  tribution. 

For  an  order  of  distribution,  seventy-live  cents.  °rt!er  of  distri- 

For  receiving  and  approving  the  return  of  setting  out  Approvin°- 

dower,  fifty  cents.  dower, 

r  or  an  order  of  notice,  on  application  for  the  sale  of  real  Order  of  no- 
estate,  belonging  to  minors,  fifty  cents.  tice  on  mi»°rs' 
For  an  order  to  sell  such  estate,  seventy-live  cents.  Order'  to  sell 
F^or  receiving  and  approving  the  returns  of  sale  of  real  minors' estate. 

estate  of  minors,  fifty  cents.  Approving  sale. 

For  taking  bond,  on  granting  an  order  for  the  sale  of  such  Taking  bond  on 

estate,  fifty  cents.  sale- 

For  the  appointment  of  a  guardian,  twenty-five  cents.      Guardian. 
For  each  guardian  bond,  twenty-five  cents.  Bond. 

For  adjusting  and  settling  advancements  to  children,  on  Settling  ad- 
making  an   order  of  distribution,  in  case  such   ad-  yancements, 

vancements    are    claimed    to   have  been  made,  one 

dollar. 
For  hearing  and  adjusting  the  accounts  of  a  guardian  Settling  guar- 

with  his  ward,  seventy-five  cents.  dian's  accounts. 

For  taking  a  bond  from  heirs  to  refund,  if  debts  after-  Bond  from 

wards  appear  against  the  estate,  twenty-five  cents. 
For  a  citation,  when  by  law  required,  fifty  cents.  Citation. 

For  hearing  and  judgment  on  return  of  the  same,  when  Hearing  on 

adverse  parties  appear,  and  a  trial  is  had,  one  dollar.  Cl 
For  a  judgment.in  case  of  no  such  appearance  of  adverse  Judgment. 

parties,  fifty  cents. 
For  hearing  an  application  for  the  appointment  of  per-  APP°'t"^"g  ^r. 

sons  to  assist  a  guardian  in  making  a  partition  of  minor's  dian 

lands,  seventy-five  cents. 
For  an  order  making  allowance  for  the  support  of  a  family,  Order  of  sup- 

during  the  settlement  of  an  estate,  fifty  cents.  Port  of  f*m**- 

For  hearing  and  allowing  a  motion,  to  review  the  report  Hearing  mo- 

of  commissioners,  fifty  cents.  2S&S&. 

fr  or  making  each  and  every  record,  at  the  rate  ot  twenty-  port. 

five  cents,  for  each  page,  containing  two  hundred  and  Record 

eighty  words. 
For  making  each  and  every  record,  containing  less  than 

half  a  page,  twelve  and  half  cents, 


4  346 


Title  85.     Salaries  and  Fees. 


Copies. 

IVo  other  fees 
of  probate  al- 
lowed. 


Justice  of 
peace. 


Sedretary. 


* 


Sheriffs,  fee.  for 
attending  gen- 
?ral  assembly. 


For  making  each  and  every  copy,  when  requested,  the 
same  sum  as  is  herein  provided,  for  making  records. 

SECT.  9.  The  fees  herein  stated,  shall  include  all  char- 
ges, which  may  lawfully  be  made  by  the  judges  of  pro- 
bate and  their  clerks,  other  than  such  as  are  by  statr 
ute  provided. 

Fees  of  Justices  of  Peace. 

SBCT.  10.  For  signing  each  attachment,  summons  or 
subpoena,  nine  cents. 

For  taking  a  recognizance,  nine  cents. 

For  each  mittimus,  twenty-five  cents. 

For  the  entry  and  trial  of  each  action,  fifty  cents. 

For  each  execution,  seventeen  cents. 

For  judgment  on  default,  confession,  or  non-suit,  twenty- 
five  cents. 

For  a  bond  on  an  appeal,  nine  cents. 

For  copies,  or  records,  the  same  as  clerks  of  the  superior 
court. 

For  an  affidavit  taken  out  of  court,  nine  cents. 

For  entering  a  plea  of  title,  and  taking  bond,  fifty 
cents. 

For  taking  an  acknowledgement  of  a  deed,  by  any  judge 
or  justice  of  the  peace,  nine  cents. 

Fees  of  the  Secretary  of  State. 

SECT.  11.  For  recording  laws  and  orders  of  the  gene- 
ral assembly,  of  a  public  nature,  each,  seventeen 

cents. 

For  affixing  the  state  seal,  each  time,  seventeen  cents. 
For  each  military  commission,  seventeen  cents. 
For  each  commission  for  justices  of  a  county,  eighty-four 

cents. 
For  each  commission  of  a  judge  of  tire  supreme  court  of 

errors,  and  superior  court,  fifty  cents. 
For  each  commission  for  a  judge  of  the  county  courts,  or 

courts  of  probate,  twenty-five  cents. 
For  each  petition,  or  memorial  to  the  general  assembly, 

twenty-five  cents. 
On  each  petition  to  the  general  assembly,  three  dollars 

and  thirty-four  cents,  for  the  use  of  the  state. 
For  a  copy  of  each  order  of  the  general  assembly,  on  a 

petition  or  memorial,  not  exceeding  one  folio  page, 

twenty-five  cents. 
For  copies  of  a  greater  length,  and  all  other  copies,  the. 

same  as  the  clerks  of  the  superior  court. 

Fees  of  Sheriffs  and  Constables. 

SECT.  12.  To  each  sheriff,  who  shall  actually  attend 
the  general  election,  for  the  two  days  on  which  his  at- 


Title  85.     Salaries  and  Fees.  347 

tendance  is  required,  and  for  travel,  the  same  as  shall  be 

allowed  per  day,  and  for  travel,  to  a  member  of  the  house 

of  representatives,  for  the  time  being. 

To  the  sheriff,  attending  the  general  assembly,  the  su-  Attending 
preme  court  of  errors,  superior  or  county  courts,  per  courts- 
day,  two  dollars. 

To  the  sheriff's  deputy,  attending  as  above,  per  day,  one 
dollar  and  fifty  cents. 

To  constables,  attending  as  above,  per  day,  one  dollar 
and  twenty-five  cents. 

To  the  sheriff,  for  returning  votes  to  the  secretary,  going  Returning 
to,  and  returning  from,  nine  cents  per  mile. 

To  sheriffs,  constables  or  other  persons,  for  each  mile  Travel  to  serve 
travel  to  serve  writs,  or  other  process,  five  cents,  to  writs'  &c' 
be  computed  from  the  place  of  the  officer's  abode,  to 
the  place  of  service,  and  from  thence,  to  the  place  of  re- 
turn ;  also,  for  travel  across  any  toll  bridge  or  ferry  ac- 
tually passed,  in  making  the  service  of  a  writ  or  exe- 
cution, the  sum  by  law  payable  at  such  bridge  or  ferry, 
for  man  and  horse,  if  actually  paid,  on  the  service,  or 
return  of  such  writ  or  execution,  but  not  any  sum  for 
passing  a  turnpike  gate. 

To  constables,  for  summoning  jurors  to  attend  the  coun-  Summoning 
ty,  or  superior  courts,  the  same  for  travel  to  serve  as  Jurors- 
above,  but  nothing  shall  be  allowed  for  travel  to  return 
the  summons  ;  and  when  the  jurors  are  summoned  to 
attend  the  county  court,  the  said  fees  shall  be  paid  from 
the  county  treasury,  and  when   summoned  to  attend 
the  superior  court,  from  the  state  treasury. 

To  sheriffs,  constables,  or  other  persons,  for  serving  eve-  Serviag sum- 

l.  .  mons,  byread» 

ry  summons,  by  reading,  nine  cents.  ing> 

"For  serving  every  summons,  by  copy,  twelve  cents.  copy. 

For  serving  an  attachment,  by  reading,  or  copy,  twelve  Attachment. 
cents. 

For  taking  bail  and  bail-bond,  on  each  writ  of  attachment,  Taking  bait 
if  returnable  to  a  justice  of  the  peace,  thirty-four  cents ; 
if  returnable  to  a  city,  or  county  court,  and  the  de- 
mand therein  be  five  hundred  dollars,  or  less,  fifty 
cents  ;  if  the  demand  be  more  than  five  hundred  dol- 
lars, one  dollar. 

For  taking  bail  and  bail-bond,  of  a  person  committed  to  Copies  of  writs 
gaol  on  mesne  process,  the  same  as  above,  and  five  mnedn|"      e~ 
cents  per  mile,  for  travel,  to  and  from  gaol. 

In  all  cases,  except  in  writs  and  declarations,  on  promis- 
sory notes  or  book  debts,  according  to  the  ordinary 
forms,  when  necessarily  served  by  copy,  and  the  copy, 
exclusive  of  the  indorsement,  shall  make  a  page  of 
twenty-eight  lines,  ten  words  in  a  line,  for  each  copy, 
twenty-five  cents. 


348 


7V//C  Jto.     Salaries  cud  Fees. 


Hems  of  fees 
to  be  noted. 


Collecting  ex- 
ecutions. 


Attending  a 
justice  court. 


Travel  for 
commitment. 


No  other  fees 
to  be  charged 
by  sheriffs, 
Sic.  in  civil 


Parties 


For  each  indorsement  of&crvirc.  that  shall  make  fourteen 

lines,  ten  words  in  a  line,  twelve  cents. 
For  every  additional  page,  or  part  of  a  page,  of  such 
copy,  or  indorsement,  at  the  same  rate;  and  for  a 
copy  of  the  indorsement,  when  necessary  to  be  made, 
and  it  shall  make  half  a  page  as  aforesaid,  or  more,  at 
the  same  rate. 

In  all  cases,  in  which  any  claim  shall  be  made  for  any 
compensation  to  any  person,  on  the  service  of  an  attach- 
ment or  execution,  for  time  and  expenses,  in  keeping,  se- 
curing or  removing  property  taken  thereon,  the  person, 
who  served  such  attachment  or  execution,  shall  make  out 
his  bill  on  the  same,  for  such  compensation,  specifying 
the  items  therein,  to  wit,  the  labor  done,  and  by  whom, 
the  time  spent,  and  how  long,  the  money  paid,  if  any,  and 
to  whom,  and  for  what ;  and  in  case  of  attachment,  the 
court,  in  which  the  bill  of  costs  shall  be  finally  taxed, 
may,  on  consideration,  allow  therefor,  such  sum  as  is  just 
and  reasonable,  and  the  same  shall  be  added  to,  and  tax- 
ed with  the  costs  in  the  action. 

For  levying  and  collecting  every  execution,  where  the 
money  is  actually  collected  and  paid  over,  or  where 
the  debt  is  secured  and  satisfied  by  the  officer,  to  the 
acceptance  of  the  creditor,  when  the  amount  of  the 
execution  does  not  exceed  three  dollars  and  thirty-four 
cents,  the  officer  collecting  the  same,  shall  be  allowed 
seventeen  cents,  and  two  per  cent  on  the  amount  of 
the  execution,  above  that  sum  ;  and  when  the  execu- 
tion shall  be  levied  on  the  body  of  the  debtor,  and  he 
committed  to  gaol,  one  per  cent  on  the  amount  of  the 
execution  shall  be  allowed  to  the  officer,  and  no  more. 
For  attending  the  trial  of  any  action,  before  a  justice  of 
the  peace,  where  such  attendance  is  necessary,  sixty- 
seven  cents. 

For  committing  any  person  to  gaol,   on  mesne  or  final 
process,  twenty  cents  per  mile  for  travel  from  the  place 
of  arrest  to  the  gaol,  in  lieu  of  all  other  expenses. 
SECT.  13.  No  sheriff,  constable  or  other  officer  shall 
add,  or  make  any  other  items  of  fees,  not  specified  in 
this  act  for  the  service,   or  return  of  any  civil  process 
whatever,  nor  for  any  other  purpose,  in  civil  causes,  but 
shall  be  wholly  confined  to  the  fees  in  this  act  specified. 

Fees  for  Parties  in  civil  actions. 

SECT.  14.  For  attending  court,  per  day,  twenty -five  cents* 
For  travel  to  court,  per  mile  three  cents. 

Fees  for  Witnesses  in  civil  causes,  taxable  in  a  bill  of  cost.-. 
SECT.  15.  For  attending  court,  per  day,  thirty-four  cent*. 
For  travel  to  court,  per  mile,  five  cents. 


Title  85.     Salaries  and  Feez.  349 

Fees  for  laying  out  and  viewing  Highways. 

SECT.  16.    To  each  committee-man,   from  the   county  Laying  out 
court,  for  laying  out  a  highwav,  per  day,  three  dollars,  '"g^ways 

•rr  1      '•  f  .      °.  '  '   *,  •".  , 

lo  each  jury-man,  lor  viewing,  and  reassessing  damages 
on  highways,  per  day,  one  dollar  and  fifty  cents. 

To  the  sheriff  or  deputy-sheritf,  for  summoning  and  at- 
tending on  such  jury,  per  day,  three  dollars.  ' 

Fees  of  Town  Clerks. 

SECT.  17.  For  recording  a  deed,  seventeen  cents.  Town-clerk? 

Fora  copy  of  a  deed,  seventeen  cents. 
For  other  copies  and  records,  the  same  fees  as  are  allow- 
ed the  clerks  of  the  superior  court. 
For  recording  a  marriage,  birth  or  death,  twelve  cents. 

Fees  of  Attorney  taxable  in  a  bill  of  costs.  Attorney 

SECT.  18.  At  the  superior  court,  one  dollar  and  thirty- 
four  cents. 
At  the  county  court,  sixty-seven  cents. 

Fees  of  Gaolers.  Gaolers 

SECT.  19.  For  each  commitment  and  discharge  of  pris- 
oner, fifty  cents. 
For  dieting  each  prisoner,  per  week,  such  sum  as  shall  be, 

from  time  to  time,  allowed  by  the  county  court. 

For  every  bond  for  the  liberties  of  the  prison,  one  dollar. 

For  commission  on  any  sum  not  exceeding     $1 34,  $1  00 

do.  do.    '         360,     2  25 

do.  do.  750,     3  75 

do.  do.  1335,     500 

do.  do.  2400,     7  50 

do.  do.          6000,  15  00 

do.  do.        13,350,  2500 

and  on  any  greater  sum  than  13,350  dollars,  three  ^ 

sixteenths  of  one  per  cent.     But  if  any  person  shall  be 

confined  on   two  or  more   executions,  and   separate 

bonds  be  necessary,  the  several  sums  of  the  executions 

shall  be  added  together,  and  a  computation  of  fees, 

Biade  upon  the  total,  on  the  principles  aforesaid. 

Fees  for  Writs,  Petitions,  fyc.  taxable  in  bills  of  costs. 

SECT.  20.  For  each  common  and  ordinary  writ  and  de- 
claration on  book  or  note,  exclusive  of  duty,  signing, 
and  bond,  fifty  cents. 

For  all  other  writs  and  declarations,  or  petitions,  which 
do  not  exceed  one  page,  of  two  hundred  and  eighty 
words,  exclusive  of  duty,  signing  and  bond,  one  dollar. 

For  each  succeeding  page  of  the  same  number  of  words. 

CfA. 

fifty  cents. 

46 


350 


<J  rand-jurors. 


Witnesses,  io 
criminal  caus- 
es. 


Sheriffs,  &c. 
in  criminal 
Causes. 


Title  85.     Salaries  and  Fee*. 

For  bifls  in  form  and  reports  of  auditors,  twenty-five  cents 
per  page. 

Fees  of  Grand-Jurors. 

SECT.  21.  For  attending  the  superior  or  county  court, 
each,  per  day,  sixty- seven  cents. 

For  travel  to  court,  per  mile,  six  cents. 

For  attending  before  a  justice  court,  when  their  attend- 
ance is  necessary,  each,  per  day,  fifty  cents. 

Fees  of  Witnesses  in  criminal  causes. 

SECT.  22.  For  attendance  in  superior  or  county  court, 
and  expenses,  each,  per  day,  sixty-seven  cents. 

For  attendance  before  a  justice  court,  each,  per  day,  thir- 
ty-four cents. 

For  travel  to  court,  per  mile,  six  cents. 

Fees  of  Sheriff's  and  other  officers,  in  criminal  causes. 
•SECT.  23.  For  each  arrest,  fifty  cents. 
For  travel  with  a  prisoner,  to  court,  to  gaol,  or  to  newgatc 

prison,  per  mile,  twenty-five  cents. 
For  travel,  to  make  arrest,  per  mile,  five  cents. 
For  attending  court  with  prisoner,  when  necessary,  per 

day,  one  dollar,   //fcf.  tf  ,//*3  /  ^ 
For  setting  a  prisoner  at  the  bar  of  a  court,  each  time, 

one  dollar. 
For  holding  a  prisoner  in  custody,  by  order  of  court,  one 

dollar  per  day ;  and  other   reasonable  expenses,   for 

keepers,  &c.  to  be  specified  in  his  bill  of  items. 

perks  in  cnm-  pees  Of  Clerks  of  Superior  and  County  Courts,  in  criminal 
inal  causes.  j  j        r  j 

causes. 

SECT.  24.  For  the  arraitaament  of  a  prisoner,  one  dollar.. 
For  calling  a  bond,  entry^and  judgment,  one  dollar. 
For  a  warrant,  for  a  commitment  to  newgate,  fifty  cents. 
For  a  habeas  corpus,  fifty  cents. 
For  a  mittimus,  twenty-five  cents. 
For  a  capias,  twenty -five  cents. 

Fees  of  Justices  of  the  Peace  in  criminal  causes. 

SECT.  25.  For  drawing  each  complaint  of  grand-juror,  or 
other  informing  officer,  and  warrant,  the  same  as  for 
writs,  &c.  in  civil  causes. 

For  each  trial  and  judgment,  when  final,  fifty  cents. 

For  each  hearing  and  binding  over  to  the  county  or  su- 
perior court,  or  acquittal,  seventy-five  cents. 

For  allowing  an  appeal,  and  for  copies,  the  same  as  in 
civil  causes. 


Justices  of 
peace  in  crim- 
inal causes. 


Title  85.     Salaries  and  Fee*-.  351 

Fees  of  State's  Attornics.  State's- attor* 

SECT.  26.  For  conducting  and  pleading  each  criminal  Hies 

cause,  not  capital,  before  the  superior  court,  on  bill 

found  by  a  grand-jury,  nine  dollars. 
For  drawing  an  indictment,  or  information,  one  dollar. 
For  a  trial  before  the  superior  court,  in  a  criminal  cause, 

on  an  information,  or  for  conducting  and  pleading  a 

civil  cause,  on  behalf  of  the  state,  seven  dollars. 
For  prosecuting  a  civil  cause,  on  behalf  of  the  state,  when 

judgment  is  given  on  confession,  or  default,  in  the  su- 
perior court,  in  a  criminal  cause,  five  dollars. 
For  a  trial  in  a  capital  cause,  fourteen  dollars. 
For  a  Nolle-prosequi  entered,  or  a  return  of  a  grand-jury, 

"  Not  a  true  bill,"  three  dollars  and  thirty-four  cents. 
For  an  assistant  attorney,  in  any  trial  not  capital,  before 

the  superior  court,  in  behalf  of  the  state,  an  additional 

fee,  of  three  dollars  and  thirty -four  cents. 
And  if  in  a  capital  cause,  seven  dollars. 
For  prosecutions  on  behalf  of  the   state,   in  the  county 

courts,  the  state's  attorney  shall  be  allowed  a  sum,  not 

exceeding  two  thirds  of  the  fees,  allowed  for  the  like 

services  in  the  superior  court. 

Fees  of  Notaries  PubKc.  ^otaries  Puli" 

SECT.  27.  For  noting  a  bill  of  exchange,  or  promissory 

note  for  protest,  twenty-five  cents. 
For  entering  a  protest  of  the  same,  fifty  cents* . 
For  recording  a  protest,  twenty-five  cents. 
For  noting,  without  protest,  fifty  cents.   , 
For  notice  to  indorsers,  &c.  twenty-five  cents,  each. 
For  travel,  per  mile,  nine  cents. 
For  taking  acknowledgment  of  power  of  attorney,  twen^ 

ty-five  cents. 

For  affixing  the  notarial  seal,  twenty-five  cents. 
For  a  marine  protest,  two  dollars. 
For  each  certificate,  twenty-five  cents. 
For  copies,  the  same  as  clerks  of  the  superior  court. 

Fees  on  a  trial  of  Forcible  Entry  and  Detainer* 
SECT.  28.  For  the  judge,  two  dollars. 
For  the  justice  of  peace,  one  dollar^ 
For  each  juror,  fifty  cents. 

For  the  officer  who  summons  the  jury,  and  attends  the 
court,  twQ  dollars. 


352 


Title  86.     Schools. 


School  Socie- 
ties, how  con- 
stituted ; 

mi>.    'iold 
meetings ; 


elect  officers 


TITLE  86.    Schools. 
CHAP.  I. 

An  Act  for  the  regulation  of  School  Societies, 
and  for  the  support  of  Schools. 


SECT.    1. 


may  build 
school-houses 


E  it  enacted  by  the  Senate  and  House  of  Rep - 
l-resentatives  in  General  Assembly  convened, 
That  all  inhabitants  living  within  the  limits  of  ecclesias- 
tical societies  incorporated  by  law,  shall  constitute  school 
•societies,  and  shall  annually  meet  some  time  in  the  months 
of  September,  October  or  November,  or  at  such  other 
time  as  they  may  judge  proper,  at  the  usual  place  in  such 
societies  for  holding  meetings,  or  at  such  other  place  as 
may  be  designated,  by  a  vote  of  the  society,  and  when 
any  school  society  meeting  is  to  be  holden,  a  notification, 
specifying  the  objects  for  which  it  is  to  be  held,  signed  by 
the  committee  of  the  society,  or  a  major  part  of  them,  or 
if  there  be  no  committee,  by  the  clerk,  and  set  upon  the 
sign-post  in  the  society,  or  published  in  a  newspaper 
printed  within  the  same,  at  least  five  days  inclusively,  be- 
fore the  meeting  is  to  be  held,  shall  be  sufficient  notice  to 
the  qualified  voters  to  attend  such  meeting ;  and  any 
school  society,  at  an  annual  meeting,  may  designate  and 
determine  upon  any  other  place  or  places,  in  addition  to 
the  sign-post  or  school-house,  at  which  the  notification 
aforesaid  shall  be  set  up  ;  and  being  lawfully  assembled, 
they  shall  choose  a  moderator,  a  clerk,  a  treasurer,  and 
three  or  more  of  their  members  to  be  a  committee,  to  or- 
der the  affairs  of  the  society  for  the  year  ensuing.  The 
clerk  shall  take  the  oath  prescribed  by  law,  and  shall 
_  make  entries  of  all  the  votes  and  proceedings  of  the  so- 
ciety, a  copy  of  which,  attested  by  him,  shall  be  legal  ev- 
idence in  all  courts,  and  he  shall  continue  in  office  till 
another  is  chosen  and  sworn  in  his  room  :  and  if  any  per- 
son, duly  appointed  to  an  office,  shall  refuse  to  accept 
and  execute  it,  he  shall  suffer  the  penalty  which  town  of- 
ficers are  liable  to,  for  not  accepting  an  office. 

SECT.  2.  School  societies,  in  legal  meeting,  shall  have 
power  to  lay  taxes,  to  build  and  repair  school-houses,  and 
to  support  schools  ;  and  to  make  any  lawful  agreements, 
for  such  purposes.(l) 


(1)  The  people  of  Connecticut  have  al- 
ways considered  the  education  of  chil- 
dren to  be  a  subject  of  primary  import- 
ance, and  have  attended  to  it  with  pecul- 


iar solicitude.  At  an  early  period,  they 
made  provision  for  common  schools,  for 
the  purpose  of  disseminating  the  most 
necessary  and  usefu4  knowledge  to  every 


Title  86.     Schools. 


SECT.  3.  Each  school  society  shall  have  power  to  di-  may  establish 
vide  itself  into  and  establish  proper  and  necessary  dis- sch°o1  dlstnct5 
tricts  for  keeping  schools,  and  to  alter  them  from  time  to 
time  as  there  may  be  occasion  :  and  whenever  it  may  be 
necessary  and  convenient  to  form   a  district  of  two  or 
more  adjoining  societies,  such  district  may  be  formed  by 
the  vote  of  said  societies,  and  altered  or  dissolved  at  their 
pleasure  :  and  every  such  district  shall  be  under  the  in- 
spection and  superintendance  of  the  society  where  the 
shool-house  shall  be  situated  :  and  when  such  district 
shall  agree  to  build  a  school-house,  the  place  on  which 
the  same  shall  be  erected,  shall  be.  fixed  by  a  committee  Place  for  erect- 
agreed  on  by  said  societies,  upon  application  of  said  dis-  ™oule  how  fix-4 
trict,  or  any  part  thereof;  and  the  committee  shall  re-  ed. 
turn  their  doings,  in  writing,  to  the  clerk  of  the  society 
within  the  limits  of  which  the  place  shall  be  fixed  ;  which 
shall  be  recorded. 


part  of  the  community.  Prior  to  the  re- 
vision in  1672,  a  regulation  was  made, 
that  in  every  town  where  there  were 
more  than  fifty  householders,  a  school 
should  be  kept,  to  teach  the  children  to 
read  and  write  ;  that  a  grammar  school 
should  be  kept  in  each  county  town  ; 
and  that  the  master  should  be  paid  by  the 
parents,  or  inhabitants  in  general.  Jn 
1700,  a  law  was  made,  requiring,  that  in 
every  town  having  seventy  or  more  house- 
holders, a  constant  school  should  be  kept ; 
and  where  there  were  less  than  seventy, 
a  school  should  be  kept  half  the  time.  In 
this  year,  a  most  effectual  provision  was 
made  for  the  support  of  common  schools. 
The  law  directed,  that  the  inhabitants  of 
every  town  should  pay  forty  shillings  on 
their  lists,  for  the  support  of  the  school- 
master, to  be  collected  with  the  public  or 
county  tax  ;  and  if  any  town  failed  to 
provide  a  school-master  according  to  law, 
this  sum  was  to  be  collected,  and  paid  to 
the  county  treasury,  as  a  fine  upon  such 
negligent  town  :  and  where  this  fund  was 
insufficient  to  support  the  school,  the  de- 
ficiency was  to  be  made  up,  one  half  by 
the  inhabitants  of  (be  town,  and  the  other 
half  by  the  parents  or  masters  of  the  chil- 
dren. In  1717,  a  statute  was  passed,  re- 
quiring that  in  every  society  or  parish,  in 
which  there  were  seventy  families,  a 
school  should  be  kept  at  least  eleven 
months  in  the  year  ;  and  where  there  was 
a  less  number,  not  less  than  half  a  year  : 
and  authorizing  the  major  part  of  the 
householders  in  each  society,  to  lay  and 
collect  taxes  for  the  support  of  schools. 
In  1766,  each  town  and  society  were  em- 
powered to  divide  themselves  into  dis- 
tricts, and  to  alter  the  same  :  and  each 


district  was  entitled  to  draw  its  propor- 
tion of  the  public  money,  according  to 
their  list. 

Various  funds,  from  time  to  time,  were 
provided  for  the  support  of  schools.  In 
1733,  the  avails  of  the  sale  of  seven  towns 
in  the  western  part  of  the  colony,  were 
divided  among  the  several  towns  ;  the 
interest  to  be  applied  to  the  support  of 
schools  for  ever.  In  1765,  certain  sums 
of  money  due  for  excise  on  goods,  were 
appropriated  in  the  same  manner. 

In  1795,  the  legislature  passed  an  act 
appropriating  the  money  arising  from  the 
sale  of  the  western  reserve,  to  be  a  per- 
petual fund,  the  interest  of  which  should 
annually  be  applied  to  the  use  of  schools 
throughout  the  state.  These  lands  sold 
for  the  sum  of  one  million  two  hundred 
thousand  dollars,  which  has  since  been 
increased  to  one  million  seven  hundred 
thousand  dollars,  the  annual  interest  of 
which  is  destined,  and  pledged,  by  the 
constitution,  to  the  support  of  public  or 
common  schools.  This  will  for  ever  fur- 
nish an  ample  and  sufficient  fund  for  that 
interesting  and  all  important  object. 

The  business  respecting  schools,  was, 
for  a  long  time,  transacted  in  towns,  or  in 
ecclesiastical  societies,  where  there  were 
more  than  one  in  a  town.  This  wa=  suf- 
ficiently convenient  so  long  as  nearly  all 
the  members,  living  within  the  same 
local  limits,  belonged  to  the  same  eccle- 
siastical society.  But  when  various  reli- 
gious societies  were  formed  in  the  same 
limits,  it  was  found  more  convenient  to 
form  all  the  inhabitants  wilhin  the  limits 
of  ecclesiastical  societies  into  school  so- 
cieties, and  separate  them  from  the  eccle- 
siastical soeietie*. 


354 


Title  86.     Schools. 


Power  to  dis- 
*olve  or  alter 
incorporated 
districts. 


Or  annex  them 
to  other  dis- 
tricts. 


May  appoint  a 
committee  for 
each  district. 


His  duty. 


Powers  of 
School  districts. 


SECT.  4.  Every  school  society  shall  have  power,  on- 
application  duly  made,  by  any  district,  incorporated  by 
special  act  of  the  general  assembly,  lying  within  the  local 
limits  of  such  society,  to  dissolve  or  alter  such  district,  in 
the  same  manner  as  if  said  district  had  been  constituted 
by  such  society,  in  case  two  thirds  of  the  inhabitants  of 
said  district,  present  at  a  legal  meeting,  warned  for  that 
purpose,  and  qualified  to  vote,  shall  agree  to  make  such 
application.  Whenever  the  parts  of  any  district,  incor- 
porated by  special  act  of  the  general  assembly,  shall  be 
situated  in  two  or  more  distinct  school  societies,  soch 
district  shall  not  be  dissolved  but  by  the  vote  of  each  of 
said  societies,  on  application  to  them  respectively  made 
as  aforesaid. 

SECT.  5.  Each  school  society  shall  have  power  to  an- 
nex any  district  within  its  limits,  formed  by  an  act  of  the 
general  assembly,  to  other  adjoining  districts,  or  to  form 
it  into  two  or  more  districts,  as  may  be  most  convenient^ 
provided,  such  district,  in  a  legal  meeting,  shall  consent 
to  waive  the  benefit  of  the  act  of  incorporation  ;  and 
when  such  district  shall  be  annexed  to  other  adjoining 
districts,  the  funds  of  such  district,  if  any  there  be,  shall 
be  divided  as  they  shall  agree,  by  a  major  vote,  in  a  legal 
meeting  :  and  when  such  district  is  divided  into  two  or 
more  districts,  the  funds  shall  be  distributed  in  proportion 
to  their  respective  lists. 

SECT.  6.  The  several  school  societies  in  this  state  shall 
be,  and  they  hereby  are,  authorized,  at  their  annual  meet- 
ings, to  appoint  one,  three,  or  five  persons,  to  be  a  com- 
mittee in  each  school  district  within  their  respective  lim- 
its, whose  duty  it  shall  be  to  manage  the  concerns  of  the 
district,  and  to  provide  an  instructor  for  the  school,  with 
the  assent  of  the  district,  and  the  approbation  of  the  vis- 
itors of  the  school  society. 

SECT.  7.  The  inhabitants  of  school  districts,  shall,  in 
their  lawful  meetings,  by  a  major  vote,  have  power  to 
appoint  a  clerk,  who  shall  be  sworn,  and  whose  duty  it 
shall  be  to  make  true  entries  of  all  their  votes  and  pro- 
ceedings, and  to  give  attested  copies  thereof,  which  shall 
be  legal  evidence  in  all  courts  ;  to  appoint  a  treasurer, 
who  shall  be  sworn  to  a  faithful  discharge  of  his  trust,  and 
who  shall  receive  all  monies  belonging  to  the  district,  and 
pay  out  the  same  to  the  order  of  the  district,  or  the  com- 
mittee, and  render  his  account  annually  ;  to  make  rules 
relative  to  the  school-house,  and  to  damages  done  the 
same,  and  to  the  furniture  and  appendages,  and  relative 
to  the  wood  to  be  supplied  by  the  inhabitants ;  and  to 
compel  obedience,  by  denying  the  privilege  of  the  school, 
.to  .the  children  of  those  who  refuse  a  compliance  with 


Title  86.     Schools,  35.5 

rules  ;  to  build  and  provide  a  school-house  ;  and  to 
lay  taxes,  for  the  purpose  of  building  and  repairing,  or 
otherwise  procuring,  a  school-house  for  said  district,  of 
furnishing  the  house  with  the  necessary  appendages  and 
accommodations,  and  of  purchasing  suitable  ground  on 
which  to  erect  such  school-house,  and  of  supplying  wood } 
and  to  appoint  a  collector  to  collect  such  taxes  as  by 
them  shall  be  laid,  who  shall  have  the  same  power  to  levy  Collector., 
and  collect  such  taxes,  by  warrant  from  a  justice  of  the 
peace,  as  collectors  of  town  taxes  have  by  law,  and  shall 
be  responsible,  in  the  same  manner,  for  any  neglect. 
And  every  person  who  shall  be  duly  chosen,  by  any  school 
district,  to  be  a  collector,  and  shall  neglect  or  refuse  to 
serve  in  such  office,  if  he  be  able  in  person  to  execute  the 
same,  shall  forfeit  the  sum  of  five  dollars,  to  the  treasurer  Penalty  % 
of  the  school  society,  in  which  the  district  is  located,  un-  neg'ect  to 
less  he  can  make  it  appear,  that  he  is  oppressed  by  such  S£ 
appointment,  and  that  others  are  unjustly  exempted  ; 
any  justice  of  the  peace  to  hear  and  determine  the  same. 
And  the  several  school  societies  and  school  districts,  are  constables  may 
authorized  to  appoint  either  of  the  constables  of  the  town  be  appointed, 
or  towns  in  which  such  school  society  or  district  may  be 
situated,  to  be  collector  of  the  taxes  of  such  school  soci- 
ety or  district,  whether  such  constable  belong  to  said  dis- 
trict or  society,  or  not;  and  when  any  collector  shall  die,  or 
resign,it  shall  be  the  duty  of  the  society  or  district,to  appoint 
a  collector,  within  three  months  thereafter,  in  the  place  of  Vacancies  to  be 
the  one  who  may  have  died  or  resigned.  And  "whenever  a  filled 
district  shall  agree  to  build  a  school-house,  the  place 
where  it  shall  be  erected,  (unless  the  inhabitants  of  the 
district  unanimously  agree  on  the  place,)  shall  be  fixed,  by 
a  committee  appointed  by  the  school  society  for  that 
purpose,  who  shall  return  their  doings  in  writing  to  the 
clerk  of  the  society,  which  shall  be  by  him  recorded.  And 
all  meetings  of  school  districts  shall  be  called  by  the 
committee  thereof,  appointed  by  the  school  society  ;  and 
when  any  such  meeting  is  to  be  holden,  a  notification, 
specifying  the  objects  for  which  it  is  to  be  held,  signed  by 
the  committee  for  such  district,  and  set  up6n  the  sign- 
post in  the  district,  or  if  there  be  no  such  sign-post,  upon 
the  school-house  in  the  district,  or  published  in  a  news- 
paper printed  within  the  same,  at  least  five  days  inclusive- 
ly before  the  meeting  is  to  be  held,  shall  be  sufficient  no- 
tice to  the  qualified  voters  to  attend  such  meeting  ;  and 
any  school  district,  at  any  meeting,  may  designate  and  de- 
termine upon  any  other  place  or  places  in  addition  to  the 
sign-post  or  school-house,  at  which  the  notification  afore- 
said shall  be  set  up. 


Title  JiO.     Schools. 

Qualification  of  SECT.  8.  All  white  male  persons,  living  within  the  lim- 
its of  any  school  society  or  school  district,  qualified  to 
vole  in  town  meetings,  shall  be  qualified  to  vote  in  all 
meetings  of  such  society  or  district,  respectively  ;  and  no 
other  person  or  persons  shall  be  allowed  to  vote  in  such 
meetings. 

SECT.  9.  Each  school  society  shall  appoint  a  suitable 
number  of  persons,  not  exceeding  nine,  of  competent 
skill  in  letters,  to  be  overseers,  or  visitors  of  the  schools 
in  such  society,  whose  duty  it  shall  be  to  examine  the  in- 
structors, and  to  displace  such  as  may  be  found  deficient 
in  any  requisite  qualification,  or  who  will  not  conform  to 
the  regulations  by  them  adopted  ;  to  superintend  and  di- 
rect the  general  instruction  of  the  scholars  ;  and  to  v  isit 
the  schools  twice  at  least,  during  each  season  for  school- 
ing ;  at  which  visitations  two  or  more  of  them  shall  be 
present,  when  they  may  require  from  the  master  such  ex- 
ercises of  the  youth,  as  will  show  their  proficiency  in 
learning. 

School-masters       SECT.  10.  No  person  shall  keep  a  djstrict  school,  until 
must  be  appro-  he  has  been  examined,  and  approved,  by  the  visitors  of 


'  the  school  society,  to  which  the  district  belongs,  and  shall 
receive  a  certificate  of  such  examination  and  approbation, 
subscribed  by  such  visitors,  or  a  majority  of  them,  or  by 
a  committee  consisting  of  not  less,  than  three  of  their 
number,  to  be  appointed  by  such-v-isitors,  or  a  majority  of 

School  of  a       them,  in  any  of  their  meetings,  which  appointment  such 

higher  order,     visitors  are  hereby  authorized  to  make. 

SECT.  11.  Any  school  society  shall  have  liberty,  by  a 
vote  of  two  thirds  of  the  inhabitants  present,  in  a  legal 
meeting  warned  for  that  purpose,  to  institute  a  school  of 
a  higher  order,  for  the  common  benefit  of  the  society,  the 
object  of  which  shall  be  to  instructlhe  youth  in  English 
grammer,  composition,  geography  and  the  learned  lan- 
guages ;  and  no  pupil  shall  be  admitted  into  such  school 
till  he  shall  have  passed  through  the  ordinary  course  of 
instruction  in  the  common  schools,  and  has  arrived  to 
such  maturity  of  years  and  understanding,  as  to  be  capa- 
ble of  pursuing  the  higher  branches  of  learning  in  such 
school.  And  the  visitors  of  the  schools  in  each  school  so- 
ciety, or  a  majority  of  them,  shall  have  power  to  admit 
such  number  of  pupils  to  the  school  of  a  higher  order  as 
can  conveniently  be  instructed  in  it,  and  in  such  course 
as  will  give  to  all  an  equal  opportunity  ;  and  the  school 
money  shall  be  apportioned  according  to  the  number  of 
scholars,  between  the  ages  of  four  and  sixteen,  that  at- 
tend the  school  of  a  higher  order  from  any  district,  and 
those  that  attend  the  common  school  in  the  same  district. 


Title  86.     Schools.  357 

•  T.  12.  The  committee  of  each  school  society,  or  School  society 

such  other  person  or  persons,  as  such  society  shall  an-  C01namittec  j.°, 

•    i     i     ii  i  ,    ,  /•   11  i        i  take  care  of  the 

point,  snail  nave  power  to  take  care  ol  all  bonds,  or  other  funds  Of  the  so- 

securities,  or  monies,  which  have  heretofore  heen  divided  ciety. 
and  set  out  to  such  society  for  the  bcneiit  of  schools,  and 
now  belong  to  the  same  :  and  of  all  lands  and  other  es- 
tates, which  have  been  granted  or  sequestered  to  the  use 
of  schools,  and  now  belong  to  such  society,  and  to  loan 
such  monies  and  to  lease  such  lands  or  real  estate,  and  to 
take  bonds,  leases,  or  other  securities  to  themselves  and 
their  successors  in  office,  for  the  use  aforesaid  ;  and  to 
institute  suits  thereon,  and  the  same  pursue  to  final  judg-  <  t 

merit  and  execution  ;  which  bonds,  leases,  and  other  sc-  ,  - 
curities  shall  be  lodged  with  the  treasurer  of  such  society, 
under  the  direction  of  said  committee,  who  shall  collect 
and  receive  the  annual  proceeds  of  such  funds,  and  ac- 
count for  and  pay  over  the  same  to  jthe  treasurer  of  said 
society,  for  the  use  of  schools  therein  :  Provided,  that  Proviso,  as  to 

this  act  shall  not  extend  to  the  grant  of  any  estate  for  the  granf»  Wlfh 

sr)cci3.l  dircc* 
use  of  schools,  in  any  town  or  society  where  the  donor  or  t 

grantor  has  committed  the  care  and  management  of  such 
estate  to  particular  persons,  with  directions  for  a  con- 
tinual succession  in  said  trust :  or  where  the  general  as- 
sembly has  committed  the  disposition  of  the  profits  of 
such  estate  to  a  committee,  in  continual  succession. 

SECT.  1 3.  A  sum  equal  to  two  dollars  upon  every  thou- 
sand  dollars  of  the  amount  of  the  assessment  lists,  of  the  1000  dollars, 

year  preceding,  shall  be,  and  the  same  is  hereby  annually  for  «/e  of  cont- 

•    ,    i  c  xi  •          ••       f         fL      j.  i    A        mon  schools. 

appropriated,  out  of  the  monies  arising  irom  the  state  tax, 

to  be  applied  for  the  use  and  benefit  of  common  schools 
in  this  state  ;  to  be  drawn  from  the  treasury,  under  the 
direction  of  the  comptroller  of  public  accounts,  at  the 
same  time,  and  in  the  same  manner,  as  the  interest  ari- 
sing from  the  school  fund,  as  iu  this  act  is  hereafter  pro-  proviso,  that 
vided;  Provided,  that  whenever,^  any  year,  the  amount  excess  of 
of  interest  arising  from  the  school  fund,  and  to  be  divi-  divi°denc]inover 
ded  to  the  school  societies,  shall  exceed  sixty-two  thou-  $62,ooo,' shall 
sand  dollars,  the  amount  of  such  excess  shall,   for  said  jf  "Sf^fhi? 
year,  so  far  diminish  the  sum  hereby  appropriated,  from  appropriation, 
the  avails  of  the  state  tax. 

SECT.  14.  The  interest  of  the  monies  arising  from  the  Interest  of 
fund,  called  the  school  fund,  as  the  same  shall,  from  time  ^Vpaid  to  state 
to  time,  be  collected,  shall  be  paid  to  the  treasurer  of  this  treasurer, 
state.     And  the  school  societies,  which  shall  conform  to  Principle  of 
the  provisions  of  this  act,  shall  be  entitled  to  the  said  in-  apportioning 
terest  after  deducting  all  expenses  attending  the  school  g"^^  fun  A 
fund,  to  be  distributed  to  them,   severally,  according  to 
the  number  of  persons  in  such  society,  between  the  ages 
of  four  and  sixteen  years,  to  be  enumerated  and  ascer- 

47 


358 


Title  86.     Schools. 


Enumeration 
of  scholars. 


Form  of  return. 


Form  of  certi- 
ficate from 
school  society 
committee. 


Proviso,  as  to 
the  same  per- 
son returned  in 
different  dis- 
tricts. 

Lists  and  re- 
turns to  be  lodg- 


tained  in  the  following  manner,  to  wit :  The  committee 
of  each  school  shall,  in  the  month  of  August  annually, 
enumerate  all  persons  residing  and  belonging  within  such 
district,  on  the  first  Monday  of  said  month  between  the 
ages  aforesaid,  and  make  return  thereof,  together  with  the 
name  of  each  person,  to  the  committee  of  the  school  so- 
ciety, within  said  month,  certified  in  writing,  under  the 
hand  of  said  committee,  and  sworn  to  before  a  magistrate, 
according  to  the  following  form,  to  wit :  "  I  hereby  cer- 
tify, that  I  have  carefully  enumerated  all  persons,  between 
the  ages  of  four  and  sixteen,  within  the  school  district  of 
which  lam  committee,  arid  do  find,  that  on  the  first 
Monday  of  August,  A.  D.  ,  there  were  residing 

within  said  district,  and  belonging  thereto,  the  number 
of  .  persons,  between  the  ages  aforesaid. 

A.  B.  School  District  Committee." 

"  On  this         day  of  A.  D.          personally  ap- 

peared, the  above  named  committee,  and  made  oath  to 
the  truth  of  the  above  return,  by  him  subscribed. 

Before  me,  C.  D.  justice  of  the  peace." 

And  the  school  society  committee  shall,  from  the  sa'd 
certificates,  so  returned  to' them,  prepare  and  transmit  to 
the  comptroller  of  public  accounts,  on  or  before  the  fif- 
teenth day  of  September  annually,  a  certificate,  sworn  to, 
according  to  the  following  form,  to  wit :  "  We,  the  com- 
mittee of  the  school  society,  in  the  town 
of  ,  do  certify,  that  from  the  returns  made  to 
us,  by  the  committee  of  the  several  school  districts,  with- 
in this  school  society,  under  oath,  we  find,  that  on  the 
first  Monday  of  August,  A.  D.  ,  there  were  residing 
within  said  society,  and  belonging-  thereto,  the  number 
of  persons  between  the  age?  of  four  and  six- 
teen years  ;  and  from  the  best  information  we  have  ob- 
tained, we  verily  believe  the  eaid  returns  made  to  us,  are 
correct. 

)  School  Society 
5  Committee." 

"  On  this  day  of  A.  D.  ,  personally 

appeared  the  above  named  committee,  and  made  oath  te 
the  truth  of  the  above  certificate,  by  them  subscribed. 
Before  me,  C.  D.  justice  of  the  peace." 

And  the  committee  aforesaid,  shall,  in  making  out  said 
returns,  insert  therein  the  number  of  persons,  in  words  at 
full  length :  Provided,  however,  that  in  case  the  same 
person  shall  be  returned  by  the  committee  of  different  dis- 
tricts, it  shall  be  the  duty  of  the  committee  of  the  school 
society,  to  determine  to  which  district  such  person  be- 
longs. And  provided  also,  that  the  s-id  lists  and  returns, 
so  made  to  said  school  society  comnuUee,  shall  be  lodged 


Title  86.     Schools.  359- 

with  the  treasurer  of  such  society,  and  be  by  him  pre-  ed  with  society 
served  for  the  use  of  said  society.  treasurer. 

SECT.  15.  The  comptroller  of  public  accounts  shall,  on  Comptroller  to 

applicat'on  of  the  committee  of  any  school  society,  draw  draw  orders  on 
j  ,.  f  ,.  J '  treasurer  in  fa- 

an  order  on  the  treasurer  lor  suCh  proportion  or  amount  vor  of  school 

as  such  school  society  may  be  entitled  to,  of  all  monies,  societies,  for. 
by  law  appropriated  for  the  benefit,  support  and  encour-  scl1001  money- 
agement  of  public  or  common  schools,  which  may  be  in 
his  hands,  or  in  the  hands  of  the  treasurer,  on  the  tirst 
days  of  March  and  October,  annually  to  be  divided  and 
apportioned  to  such  school  societies,  according  to  the  re-  To  be  appor- 
turns  so  made  to  him  by  the  committee  of  said  society,  in  \l°^ return^ 
conformity  to  the  provisions  of  this  act.     And  each  school 
society  shall  divide  the  same  among  the  several  districts 
therein,  on  the  principles  aforesaid,  agreeably  to  the  re-     . 
turns  so  made  to  them  as  aforesaid.     Provided  however, 
that  no  order  shall  be  drawn  in  favor  of  any  society  as 
aforesaid,  nor  shall  the  treasurer  pay  the  monies  directed 
to  be  paid  by  this  act,  until  the  committee  of  such  society.  Certificate  of 
shall  certify  in  writing,  under  their  hands,  in  the  words  school  socieiy 
following  to  wit :     "  We,  the  committee  of  the  Forrn1' 

school  society,  in  the  town  of  do  certify,  that  the 

schools  in  said  society,  have  been  kept  for  the  year,  end- 
ing the  thirtieth  day  of  September  last,  by  instructors  du- 
ly appointed  and  approved,  and  in  all  respects  according 
to  law  ;  and  that  all  the  monies  drawn  from  the  public 
treasury,  by  said  society,  for  said  year,  appropriated^© 
schooling,  have  been  faithfully  applied  and  expended  'in 
paying  and  boarding  said  instructors. 

Dated  at  the       day  of          A.  D. 

)  School  Society 
^  Committee. 
To  the  comptroller  of  public  accounts." 

SECT.  16.    All  the  money   provided  for  the    use    of  Sch°°] .m.°,De7 

•  ,,  i     11  i  •  j  to  be  divided 

schools,  received  by  the  committee,  shall  be  paid  over  to  among  the  dis- 
the  treasurer  of  the  society,  who  shall  stand  charged  with,  tricts. 
and  shall  account  for,  the  same  ;  and  the  committee  shall, 
from  time  to  time,  receive,  examine  and  liquidate  the  ac- 
counts of  the  districts,  and  parts  of  districts,  if  any  be,  and 
where  such  districts,  and  those  to  which  such  parts  of  dis- 
tricts shall  belong,  have  kept  their  schools  according  to 
the  provisions  of  this  act,  shall  draw  orders  on  the  socie- 
ty treasurer  for  their  proportion  of  all  the  public  monies 
appropriated  to  the  use-of  schools,  according  to  the  num- 
ber of  persons  between  the  ages  of  four  and  sixteen,  in 

,    i-,.  •   ,  Provision 

such  district.        ,  where  the  ct, 

.     SECT.  17.  Whenever  the  expense  of  keeping  a  school,  penses  of  the 
by  an  instructor,  approved  according  to  law,  shall  exceed  school  exceed 
the  amount  of  all  the  public  money  appropriated  by  law  ™ey  scfc 


360  Title  8(3.      Schools. 

to  defray  the  expense  of  such  school,  the  committee,  m 
such  district,  for  the  time  being,  with  such  other  person 
or  persons  as  the  said  district,  at  a  legal  meeting,  warned 
and  held  for  that  purpose,  may  appoint,  are  hereby  con- 
stituted a  board,  to  examine,  adjust,  and  allow,  all  bilk 
of  expense,  accruing  for  the  support  of  schools,  in  said 
district,  and  apportion  such  deficiency  among  the  propri- 
etors of  said  school,  according  to  the  number  of  days  that 
any  person  or  persons  may  have  sent  any  scholar  or  schol- 
ars, to  school :  and  if  the  number  of  days  cannot  be  as- 
certained, then  according  to  the  number  of  scholars.  And 
any  justice  of  the  peace,  living  in  the  town  where  such 
school  has  been  kept,  shall  have  power  to  grant  a  war- 
rant, directed  to  the  collector  of  school  tftxes,  in  such 
district,  in  the  same  manner  as  is  by  law  provided  for  the 
collection  of  town  taxes. 

Children  not  to       SECT.  18.  No  child  or  children  shall  be  denied  the 
be  precluded      privilege  of  attending  school  in  any  school  district  estab- 
for  inability  of   lished  by  law  in  this  state,  to  which  such  child  or  children 
parent,  &c.         do  belong,  for,  or  on  account  of  the  inability  of  the  pa- 
rent or  parents,  guardian,  or  master  of  such  child  or  chil- 
dren to  supply  his,  her  or  their  proportion  of  wood  in 
such  district — any  law  to  the  contrary  notwithstanding. 
Proviso,  that     Provided,  that  nothing  in  this  section  shall  be  so  constru- 

payment  may     efj  ag  ^Q  preven£  the  committee  of  any  school  district  from 

be  enforced  by  .    *  •>„ 

law.  enforcing  payment,  by  due  process  ot  law,  to  recover  any 

sum  or  sums  of  money  due  from  any  person  or  persons  to 
such  district,  for  his,  her  or  their  proportion  of  wood  as 
aforesaid. 
Misapplication       SECT.  19.  If  any  money,  appropriated  to  the  use  of 

of  school  mo-     spools,  shall  be  applied,  by  a  school  society,  to  any  oth- 
»ey  a  forfeiture.  ,    u  i     f    f  •. 

er  purpose,  the  same  shall  be  foneited  to  the  state,  and  it 

shall  be  the  duty  of  the  comptroller  to  sue  for  such  mo- 
ney, for  the  use  of  the  state. 

SECT.  20.  And  if  any  committee  shall,  at  any  time, 
make  a  false  certificate,  by  which  money  shall  be  fraud- 
ulently drawn  from  the  treasury  of  the  state,  eachperson 
signing  such  false  certificate,  shall  forfeit  the  sum  of  sixty 
dollars,  to  the  state,  to  be  recovered  by  action  of  debt, 
on  this  statute  ;  and  it  shall  be  the  duty  of  the  comptroll- 
er, to  bring  forward  a  suit  to  recover  the  same  accor- 
dingly. 

fchoorsocieties      SECT.  21.  School  societies  shall  have  power  to  pro- 
in  relation  to     vide  a  hearse  and  pall,  for  the  burial  of  the  dead,  and  to 
burials,  fac.       procure  and  hold  lands  for  burying-grounds,  and  to  make 
regulations  to  fence  the  same,  and  to  preserve  the  mon- 
uments erected  therein,  and  to  lay  and  collect  the  neces- 
sary taxes  for  that  purpose,  in  the  same  manner  as  other 
taxes  are  collected.     Provided,  that  this  act  shall  not  ex- 


Title  86.     Schools.  ;i61 

* 

tend  to  affect  the  regulations  of  towns,  or  incorporated 
ecclesiastical  societies,  or  other  religious  societies  or  con- 
gregations, who  have  separate  burying-grounds  ;  and  such 
towns  and  societies,  shall  have  all  the  power  given  by 
this  section  to  school  societies. 

CHAP.  II. 

An  Act  relating  to  the  School  Fund. 

t 

1     T^  ^  ^  enacted  by  the  Senate  and  House  ofRt.f- 
iJ  resenlatives,  inGcncral  Assembly  convened, 

That  the  commissioner  of  the  school  fund,  shall  take  the  °?th. of  com; 

,.  -111  f  n-     missioner  ot 

oath  prescribed  by  the  constitution,  ior  executive  om-  school  fund, 
cers.  He  shall  superintend  and  take  care  of  all  proper-  His  duties, 
ty  belonging  to  said  fund,  and  the  interest  arising  on  the 
same  ;  he  shall  cause  the  nett  amount  of  interest,  receiv- 
ed yearly  on  said  fund,  to  be  distributed,  for  the  benefit 
of  the  public  or  common  schools,  according  to  iaw  ;  and 
on  the  sale  of  any  of  the  lands  or  real  estate,  belonging 
to  said  fund,  which  the  commissioner  is  hereby  authorized 
to  make,  he  shall  prepare  all  necessary  deeds  of  release 
or  conveyance  to  be  executed  by  the  treasurer  of  the 
state,  which  he  is  hereby  authorized,  on  the  request  of 
the  commissioner,  to  execute,  and  to  cause  the  seal  of  the 
state  to  be  affixed  thereto. 

SECT.  2.  The  commissioner  shall  cause  all  debts  due  Property  be- 
the  school  fund,  on   bond,  or  otherwise,  and  all  bank  IchffiJndto 
stock  and  other  property,  belonging  to  said  fund,   to  be  be  registered, 
registered  in  books  to  be  kept  in  his  office,  in  which  shall 
be  opened  an   account  with  each   debtor,  shewing  the 
place  of  his  residence,  the  amount  of  his  debt,  the  secu- 
rity therefor,  and  the  estimated  value  thereof:  the  regis- 
try of  the  lands  shall  shew  their  extent  and  value,  distin- 
guishing new,  from  cultivated  lands. 

SECT.  3.  The  commissioner  shall,  on  or  before  the  se-  Duplicate  ab- 
cond  day  of  September,  one  thousand  eight  hundred  and  stracts- 
twenty-one,  make  duplicate  abstracts  from  his  books,  of 
all  property  belonging  to  said  fund  ;  in  which  shall  be 
entered  the  names  of  the  obligors,  in  alphabetical  order, 
in  classes,  according  to  the  states  to  which  they  belong, 
their  places  of  residence,  the  number  and  date  of  the 
bond,  the  amount  due  on  the  second  day  of  September, 
one  thousand  eight  hundred  and  twenty,  as  principal,  and 
as  interest,  with  the  amount  and  situation  of  the  securi- 
ty, and  its  estimated  value  :  said  abstracts  shall  also  con- 
tain an  account  of  all  the  lands  belonging  to  said  fund, 
distinguishing  new,  from  cultivated  lands,  and  stating  their 


362  Title  86.     Schools. 

situation  and  estimated  value  ;  and  also  the  amount  of 
bank  or  other  stock,  belonging  to  said  fund,  which  ab- 
stracts shall  be  certified  by  the  commissioner,  to  contain 
correct  statements  of  all  the  property  belonging  to  said 
fund,  and  that  the  same  is  duly  registered  in  the  books  in 
his  office,  and  shall,  by  him,  be  lodged  in  the  office  of  the 
comptroller,  who  shall  make  a  certificate  on  one  of  said 
abstracts,  that  it  is  a  correct  duplicate  of  the  one  remain- 
ing in  his  office,  and  deposit  the  same  for  safe-keeping,  in 
the  vaults  of  the  Phoenix  Bank,  in  the  city  of  Hartford. 

fund       ^n(^  ^e  comrmssi°ner  s^la^  a^s°5  m  a  convenient  time, 
bonds.  lodge  in   the  comptroller's  office,  certified  copies  of  all 

the  school  fund  bonds  in  his  office,  or  which  shall  here- 
after be  received,  which  copies  the  comptroller  shall,  in 
like  manner,  deposit  in  the  Phoenix  Bank  ;  which  depos- 
its shall  be  subject  to  the  order  of  the  governor. 

Copies  of  SECT.  4.  The  commissioner  shall  require  copies  of  all 

hands  of  agents,  bonds  in  the  hands  of  agents,  certified  by  them  to  be  true 
copies  ofthe  originals,  in  their  hands  for  collection,  which 
copies  shall  be  kept  in  his  office. 

Annual  ab-  SECT.  5.  The  commissioners  shall,  annually,  on  the 

ge7ofSpropertv  ^rs*  ^a^  °^  April,  make  duplicate  abstracts  from  his 
books,  of  all  changes  or  alterations  of  the  debts  or  prop- 
erty of  the  school  fund,  in  which  shall  be  entered  an  ac- 
count of  all  payments  of  the  principal  of  school  fund 
bonds,  for  one  year,  ending  the  second  day  ofthe  preced- 
ing September,  and  of  all  bonds,  bank  and  other  stock, 
and  property  of  every  description,  acquired  by  purchase, 
exchange,  or  otherwise,  during  the  same  period ;  and  the 
commissioner  shall  certify  said  abstracts  to  be  correct, 
and  shall  lodge  the  same  in  the  office  ofthe  comptroller, 
who  shall  certify  one  of  said  abstracts  to  be  a  correct  du- 
plicate of  the  other  remaining  in  his  office,  and  deposit 
the  same  for  safe-keeping,  in  the  vaults  of  said  Phoenix 
Bank,  subject  to  the  order  ofthe  governor. 

Index  of  the  SECT.  6.  The  commissioner  shall,  on  or  before  the  se- 

amount  of  m-    con(j  jay  of  September,  in  each  year,  make  and  deliver 

made  annually,  to  the  treasurer,  an  index,  containing  a  statement  of  the 

amount  of  interest  due  on  that  day,  from  each  debtor  to 

the  school  fund,  whose  bond  is  lodged  in  the  office  ofthe 

commissioner  ;  which  index  shall  contain  the  name  of 

each  debtor,  in  alphabetical  order,  his  place  of  residence, 

the  number  ofthe  bond,  and  the  amount  due  on  said  day 

for  principal  and  for  interest. 

Dutyoftreasur-      SECT.  7.  The  treasurer  shall  receive  all  monies  paid 

to'schooffund"  on  account  of  the  school-fund,  as  well  for  principal  as 

for  interest,  and  give  duplicate  receipts  therefor,  one  to 

the  debtor,  and  the  other  to  be  lodged  in  the  office  of  the 

commissioner  ;  shall  keep  separate  and  distinct  account? 


Title  87.     Secret  Assaults.  363 

of  each,  and  shall  pay  over  said  monies  to  orders  drawn 
according  to  law  ;  and  shall  deliver  to  the  comptroller, 
OP  the  first  days  of  March  and  October,  in  each  year  a 
•statement  of  the  nett  amount  of  interest,  and  other  reve- 
nue, paid  into  the  treasury,  on  account  of  the  school 
fund  ;  and  the  comptroller  shall,  on  application  of  the 
committee  of  any  school  society,  draw  an  order  on  the 
treasurer,  for  the  amount  legally  due  such  society. 

SECT.  8.  It  shall  be  the  duty  of  the  comptroller,  semi-  Duty  of  the 
annually,  in  the  months  of  April  and  October,  to  settle  comPtroller 
the  accounts  of  the  commissioner,  and  draw  on  the  treas- 
urer for  the  balance  due  him,  which,  together  with  all  le- 
gal and  necessary  expenses  in  managing  the  fund,  shall  be 
paid  out  of  the  revenue  arising  therefrom. 

SECT.  9.  The  commissioner  of  the  school  fund  is  here-  Clerk  of  com- 
by  authorized  to  appoint  a  clerk  in  his  office,  for  such 
portion  of  time  as  he  shall  judge  necessary  ;  which  clerk 
shall  take  the  oath  prescribed  by  the  constitution  for  ex- 
ecutive officers. 

SECT.  10.  In  case  the  office  of  the  commissioner  of  the  Vacancy  in 
school  fund  shall  become  vacant,  by  death  or  otherwise,  er'^offi^e'l'ow 
during  the  recess  of  the  general  assembly,  the   governor  supplied. 
is  hereby  authorized  to  fill  such  vacancy,  by  appointing 
.a  person  to  perform  the  duties  of  commissioner  as  afore- 
said, until  the  rising  of  the  then  next  general  assembly. 


TITLE  87.     Secret  Assaults. 

An  Act  for  the  detection  and  punishment  of  Se- 
cret Assaults. 

TTE  E  it  enacted  by  the  Senate  and  House  of  Rep- 
MJ  resentatives,  in  General  Assembly  convened, 
That  if  any  person  shall  break  the  peace,  by  secretly 
assaulting,  beating,  maiming,  wounding  or  hurting  anoth- 
er, upon  application  and  complaint  of  the  person,  so  as-  ODQP  "" 
saulted  and  injured,  to  a  justice  of  the  peace,  shewing 
him  what  wounds  or  hurt  he  has  received  thereby,  such 
justice  shall  forthwith  issue  a  warrant,  directed  to  some  Warrant 
proper  officer,  commanding  him  to  arrest  such  offender, 
and  bring  him  before  such  justice,  to  answer  such  com- 
plaint ;  who,  upon  oath  being  made  against  him  of  such 
assault,  and  of  the  wounds  or  injuries  thereby  received, 
by  the  .person  assaulted  and  injured,  shall  be  bound  in  a 
sufficient  bond,  with  sureties,  to  the  adverse  party,  to  ap- 
pear at  the  next  county  court  in  that  county,  and  answer 
to  the  complaint  aforesaid,  and  pay  all  such  damages  as 


361 


Commitment, 
on  refusal  to 
give  bond. 

Trial. 


Judgment. 
Damages. 


Fine. 


Title  08.     Secretary. 

shall  be  awarded  against  him,  by  the  final  judgment  of 
said  court ;  aad,  in  case  of  refusal  to  become  bound  as 
aforesaid,  ;-uch  person  so  complained  of,  shall  be  com- 
mitted to  the  common  gaol  of  the  county,  there  to  remain 
until  discharged  according  to  law. 

SECT.  2.  And  if  the  person  so  bound  or  committed 
shall  not,  on  trial  of  the  cause,  satisfy  the  triers,  that  he 
was  not  the  person  who  made  the  assault  complained  of. 
he  shall  be  found  and  adjudged  guilty ;  and  shall  be  sen- 
tenced to  pay  the  person  assaulted  and  injured,  all  such 
damages  as  he  shall  have  sustained,  by  such  assault  and 
beating ;  and  shall  also  pay  to  the  treasurer  of  the  county- 
such  fine  as  the  said  court  shall  impose,  not  exceeding  the 
sum  of  sixty-seven  dollars  ;  and  stand  committed  until 
euch  sentence  shall  be  performed. 


General  pow- 
ess  and  duties. 


Publication 
«nd  distribu- 
tion of  public 
acts. 


TITLE  88.     Secretary. 
An  Act  relating  to  the  office   and  duty    of  the 


SECT.    1. 


Secretary  of  State. 

(E  it  enacted  by  the  Senate  and  House  ofRfp- 
resentatives,  in  General  Assembly  convened, 
That  the  secretary  of  the  state  shall  have  the  safe-keep- 
ing and  custody  of  all  the  public  records  and  documents, 
and  particularly,  of  the  acts,  resolutions  and  orders  of  the 
general  assembly,  and  shall  record  all  acts,  orders,  grants, 
and  resolutions,  passed  by  the  general  assembly,  and  give 
true  copies  thereof,  when  required.  He  shall  be  the 
keeper  of  the  seal  of  the  state,  which  shall  not  be  altered, 
and  shall  affix  the  same  to  acts,  laws,  orders,  commissions, 
instruments  and  certificates,  in  all  cases  required  by  law, 
or  when  remit:  ted  by  particular  persons,  having  occa- 
sion therefor. 

SECT.  2.  And  he  shall,  at  the  end  of  every  session  of 
the  legislature,  cause  the  public  acts  to  be  printed  and 
published  in  the  several  newspapers  in  the  state,  the  pub- 
plishers  of  which  shall  be  allowed,  by  the  comptroller, 
at  the  rate  of  twrenty-five  cents  for  each  law  page.  And 
he  shall  also  cause  such  public  acts  to  be  printed,  in  a 
convenient  form,  and  distributed  as  follows,  to  wit  :  he 
shall  transmit  to  the  president  of  the  United  States,  and 
to  the  heads  of  departments,  one  copy,  each  ;  three  copies 
to  the  executive  of  each  state  in  the  Union, -of  which  one 
copy  shall  be  for  the  use  of  the  executive,  one  |er  the 
use  of  the  senate,  and  one  for  the  house  of  representatives 
of  such  state ;  one  copy  to  the  clerk  of  the  supreme  cour! 


\  >, 

Title  89.     Sewers..  365 

%  , 

of  the  United  States,  for  the  use  of  such  court;  one  copy 
to  the  librarian  of  Congress,  to  belong  to  the  library  :  and 
the  rest  of  the  public  acts,  together  with  the  laws  of  the 
United  States, "that  shall,  from  time  to  time,  be  transmit- 
ted, by  the  national  executive,  to  the  executive  of  this 
state,  for  the  use  of  the  state,  shall  be  distributed  in  man- 
ner following ;  that  is  to  say,  to  the  governor,  lieutenant- 
governor,  treasurer,  secretary,  comptroller,  and  commis- 
sioner of  the  school-fund,  one  copy,  each  :  to  the  adju- 
tant-general, one  copy  ;  to  the  judges  and  clerks  of  the 
superior  court,  one  copy,  each ;  to  the  reporter  of  judi- 
cial decisions,  one  copy  ;  to  the  judges  of  the  several 
county  courts,  one  copy,  each  ;  to  the  sheriffs  of  the  seve- 
ral counties,  one  copy,  each  ;  to  be  kept  by  the  said  ex- 
exutive  officers  and  clerks,  in  their  respective  offices,  and 
from  them  to  pass  and  be  transmitted  to  their  successors; 
and  the  residue  to  the  several  towns,  in  proportion  to 
their  respective  lists  last  returned  to  the  comptroller's 
office,  to  be  disposed  of  as  they  may  direct  ;  and  it  shall 
be  the  duty  of  the  secretary  to  ^  make  the  distribution  ac- 
cordingly. 

SECT.  3.  It  shall  be  his  duty,  annually,  within  thirty  Publication 
days  after  the  rising  of  the  general  assembly,  to  publish 
in  the  same  newspapers,  in  which  the  laws  are  published,  er's  report 
that  part  of  the  comptroller's  report,  that  designates  the 
expenditure  and  receipts  of  all  monies,  relating  to  the 
current  expenses  of  government  ;  and  also,  that  part  of 
said  report  relating  to  expenditures  and  receipts  of  all 
monies,  appropriated  for  investments  in  bank  stock,  or 
funded  debt  of  the  United  States  ;  and  also,  the  summary 
statement  of  the  permanent  funds  of  the  state,  and  how 
the  same  are  invested  ;  and  a  statement  of  all  the,  debts 
due  from  the  state. 

TITLE  89.     Sewers. 

An  Act  appointing  and  directing  Commissioners 
of  Sewers  and  Scavengers. 

•     E  it  enacted  by  the  senate  and  House  of  Rep 
SECT.  1.    •-*  -       -    ~          •  - 


\J  V  M. 

resentatives  in  General  Assembly  convened, 

That  the  county  courts  in  the  respective  counties,  are  Commissioners 
hereby  authorized  and  empowered,  upon  application  to 
them  made,  by  the  major  part  of  the  proprietors  of  mead- 
ow, marshy  and  low  lands,  or  grounds  which  are  injured 
by  the  overflowing  of  waters,  and  of  swampy  land,  which 
may  be  rendered  valuable,  by  drowning  and  draining  the 
*ame.  to  grant  a  commission  of  sewers,  to  such  and  go 

48 


36G 


Title  <>9.     Seicsrs. 


Powers  of  com 
rnissioners. 

Collectors. 
Their  power. 


Power  to  hold 
the  lands  of  ne- 
gligent proprie- 
tprs. 


Commissioners 
to  be  sworn. 

Compensation. 


Appeal. 


Notice  to  be 
given,  when, 
petition  is 
brought. 


i 


Meeting  of  pro 
prietors. 


many  able  and  discreet  persons  as  they  shall  judge  expe- 
dient, for  clearing  and  removing  the  banks  and  obstruc- 
tions of  the  passages  of  the  water  in  rivers,  brooks,  streams, 
or  ponds,  which  occasion  the  overflowing  and  drowning 
of  meadows,  swamps,  and  low  lands  ;  and  also,  for  the 
flowing  and  draining  of  swamps,  and  other  unprofitable 
grounds  ;  and  also,  for  damming,  to  prevent  the  water 
from  overflowing  marshy  and  flat  lands  :  which  commis- 
sion shall  be  signed  by  the  clerk  of  the  court  granting  the 
same  ;  and  the  commissioners  shall  have  power  to  do  the 
services  aforesaid  :  and  for  that  purpose,  may  employ 
workmen  and  laborers,  in  a  reasonable  manner,  and  may 
assess  the  proprietors  of  such  lands,  to  defray  the  charges, 
according  to  their  quantity  of  land,  and  the  benefits  they 
receive,  in  such  proportion  as  they  shall  judge  to  be  equal 
and  just  ;  and  to  appoint  and  swear  a  collector  or  collec- 
tors, to  collect  such  assessments,  and  pay  the  same  to  such 
persons  as  they  shall  appoint  to  receive  it ;  which  col- 
lectors shall  have  the  same  power  as  the  collectors  of 
state  taxes,  and  shall  be  accountable  to  the  commissioners 
appointing  them.  And  if  any  proprietor  of  such  lands 
shall  be  unable,  or  shall  neglect  to  pay  his  proportion  of 
such  assessments,  it  shall  be  lawful  for  the  other  proprie- 
tors concerned  therein,  to  pay  the  same,  and  to  hold  the, 
lands  of  the  person  so  neglecting  or  refusing,  until  the 
profits  of  such  lands  shall  be  sufficient  to  reimburse  them, 
according  to  the  judgment  of  the  commissioners. 

SECT.  2.  The  commissioners  shall  be  sworn  to  a  faith- 
ful discharge  of  their  trust,  and  shall  receive  such  com- 
pensation for  their  services,  as  the  court  appointing  them 
shall  aliow  ;  and  they  shall  render  their  account  to  said 
court,  when  required.  And  if  any  person  shall  be  ag- 
grieved, by  the  proceedings  of  such  commissioners,  he  or 
she  may  appeal  or  complain  to  such  county  court,  who 
shall  grant  them  such  relief  as  the  nature  of  the  case  may 
require. 

SECT.  3.  When  any  petition  shall  be  brought,  in  pur- 
suance of  the  provisions  of  this  act,  notice  thereof  in  wri- 
ting shall  be  given  to  all  the  proprietors  named  in  the  pe- 
tition, who  have  not  subscribed  the  same,  at  least  twelve 
days  previous  to  the  sitting  of  the  court  to  which  said  pe- 
tition shall  be  brought,  by  reading  the  same  in  their  hear- 
ing, or  by  leaving  a  true  and  attested  copy  thereof  at 
their  last  usual  place  of  abode  ;  which  notice  shall  be 
signed  by  a  justice  of  the  peace,  and  directed  to  the  sher- 
iif  of  the  county,  his  deputy,  or  either  of  the  constables 
of  the  town  where  such  land  is  situated. 

SECT.  4.  After  the  commissioners  shall  have  dammed, 
drained  or  ditched  such  low,  marshy  and  wet  lands,  the 


Title  89.     Sewers. 

fyropnetors  shall  have  power  to  keep  the  dams,  drain.- 
and  ditches  in  repair  :  and  for  that  purpose,  when  any 
three  of  such  proprietors  shall  judge  it  necessary,  they 
may  apply  to  a  justice  of  the  peace,  who  shall  issue  a 
precept,  directed  to  some  meet  person,  to  warn  such  pro- 
prietors to  meet  at  such  time  and  place,  and  for  such 
business,  as  shall  be  therein  declared  ;  which  shall  be 
served,  by  reading  it  in  the  hearing  of  all  the  proprietors 
living  in  the  state,  at  least  three  days  before  such  meet- 
ing. 

SECT.  5.  The  proprietors,  in  a  meeting  so  warned.  Appointment  of 
shall  have  power,  by  a  major  vote,  to  be  computed  ac-  j^.r.k  an(1  conu 
cording  to  their  interest  in  such  lands,  to  appoint  a  clerk, 
who  shall  be  sworn  to  make  true  entries  of  all  the  votes 
and  proceedings  in  such  meetings  ;  and  also,  to  appoint 
a  committee,  consisting  of  two  or  three  men,  who  may 
state  and  set  out  to  each  proprietor  his  part  or  propor- 
tion of  such  dam,  drain  or  ditch,  to  be  computed  accord- 
ing to  their  interest  in  the  land,  and  who  shall  make  a 
report  of  their  doings  in  writing,  under  their  hands,  to 
the  clerk,  who  shall  enter  the  same  on  record.  And  it 
shall  be  the  duty  of eaeh  proprietor,  his  heirs,  and  assigns, 
forever  after,  to  clear,  keep  open,  and  repair  his  part  of 
such  dams,  drains  and  ditches,  set  out  to  him  as  aforesaid: 
Provided,  that  the  proprietors  may,  at  any  subsequent 
time,  cause  a  new  stating  and  apportionment  of  the 
same,  in  the  manner  aforesaid,  if  they  judge  it  to  be  ex-  ^ 

pedient. 

SECT.  G.  And  the  more  effectually  to  compel  the  pro- 
prietors to  keep  in  repair  such  dams,  drains,  and  ditches, 
such  proprietors  shall  have  power,  at  a  meeting  warned 
as  aforesaid,  once  in  two  years,  to  appoint  scavengers,  Scavengers, 
among  themselves,  who  shall  take  the  oath  provided  by 
law  ;  and  if  any  person,  lawfully  appointed  a  scavenger, 
shall  neglect  or  refuse  to  take  such  oath,  being  required 
thereto  by  a  citation  from  a  justice  of  the  peace,  he  shall 
forfeit  four  dollars  to  the  use  of  such  proprietors,  to  be  Penalty  for  re- 
recovered  by  action  on  this  statute  ;  and  such  proprietors  (j^'oath. 
may  appoint  other  persons  to  be  scavengers,  in  the  room 
of  those  who  have  refused  as  aforesaid. 

SECT.  7.  It  shall  be  the  duty  of  the  scavengers,  from  Dutyof stavcn- 
time  to  time,  diligently  to  inspect  the  dams,  drains,  and  §ers- 
dishes,  and  see  that  they  are  kept  open,  and  in  good 
repair  :  and  if,  at  any  time,  they  find  them,  or  any  part 
of  them,  filled,  or  out  of  repair,  they  shall  give  immedi- 
ate warning  to  the  proprietor,  whose  part  is  deficient, 
that  he  forthwith  repair  the  same  ;  and  if  any  proprietor 
shall  not,  within  five  days  after  such  warning  given,  clear 
and  repair  the  same  sufficiently,  in  the  judgment  of  tin? 


Title  90.     Sewing-Silk. 

scavengers,  they  are  hereby  empowered  forthwith  to 
cause  the  same  to*  be  sufficiently  repaired  ;  and  such 
proprietors  shall  pay  double  expense  to  the  scavengers. 
And  in  case  he  neglects  and  refuses,  for  the  space  of  ten 
days  after  an  account  of  such  expense  has  been  present- 
ed to  him,  and  payment  demanded,  the  scavengers  shall 
have  right  to  recover  the  same  by  action  on  this  statute  ; 

Provision  for  a  provided,  that  if  any  proprietor   considers  himself  ag- 

new  appraise-     *    •         i    T       ,1  i  i        ,1 

ment.  grieved,  by  the  expense  charged  by  the  scavengers,  he 

may,  at  his  own  cost,  within  said  ten  days,  make  applica- 
tion to  the  select-men  of  the  town  where  the  lands  lie, 
not  parties  to  the  controversy,  who  shall  estimate  and 
appraise  anew  such  expense  of  repairing  ;  and  the  party 
deficient  shall  pay  double  the  expense  according  to  their 
appraisement,  to  be  recovered  as  aforesaid. 

Proprietors  SECT.  8.  The  proprietors  of  such  lands,  when  they 

may  authorize    judge  it  will  be  for  their  advantage,  may,  in  a  lawful 

Commissioners  ,•         i_  •  v 

to  keep  drains  meeting,  by  a  major  vote,  to  be  computed  according  to 
&c.  in  repair,  their  interest,  agree,  that  such  drains  and  ditches  shall  be 
cleared,  and  dams  repaired,  by  the  commissioners  of 
sewers  ;  and  in  such  case,  they  shall  have  power  to  em- 
ploy persons  to  do  the  same,  and  to  assess  the  proprietors 
therefor,  and  collect  the  same,  in  the  same  manner  as  they 
are  by  this  act  enabled  to  do,  in  the  first  making  of  dams, 
ditches  and  drains* 

SECT.  9.  If  any  person  or  persons,  without  liberty 
from  the  proprietors,  shall  set  any  fence,  hedge,  or  other 
incumbranc«,  on  the  bank  of  such  drain  or  drains,  so  as 
to  make  the  clearing  and  repairing  of  them  more  difficult, 
it  shall  be  lawful  for  the  scavengers  to  remove  the 
same  as  a  common  nuisance. 


Hedges  not  to 
be  set  on  bank 
of  drains. 


&kein,ofwhat 
*o  consist. 


TITLE  90.    Sewing-Silk. 

An  Act  regulating  the  Manufacture,  and  Sale  of 
Sewing-Silk. 

BE  it  enacted  by  the  Senate  and  House  of  Representa* 
lives  in  General  Assembly  convened,  That  no  manu- 
facturer of  sewing-silk,  or  any  other  person  or  persons, 
shall  sell,  or  offer  for  sale,  any  sewing-silk  of  the  manu- 
facture of  this  country,  either  from  imported  or  domestic 
materials,  by  the  skein,  unless  each  skein  consist  of  twen-  ' 
ty  threads,  each  thread  of  the  length  of  two  yards  :  and 
any  manufacturer  of  sewing-silk,  or  any  other  person  or 
persons,  who  shall  sell,  or  offer  for  sale,  any  sewing-silk 
otf  the  manufacture  of  this  country,  unless  each  skein  con- 


Title  91.     Sfieep.  369 

sist  of  twenty  threads,  each  thread  of  the  length  oi  two 
yards,  shall  forfeit  the  sum  of  seven  dollars,  to  any  person  Penally 
who  shall  prosecute  the  same  to  effect* 

TITLE  91.     Sheep. 
An  Act  relating  to  Sheep. 

~1J  E  it  enacted  by  the  Senate  and  House  of  Ren- 

.^ECT.  1.    ir%  v    ^          ,  .,         ,,        J      J. 

JLP   resentativestn  (jreneral  Assembly  convened, 

That  the  owners  of  sheep,  in  any  town,  or  the  major  part  Owners  of 
of  them,  may  meet  together  within  such  town,  as  often  as  £epPtheinii» 
there  shall  be  occasion,  and  at  such  meeting,  may  order  flocks ; 
that  the  sheep  in  such  town,  shall  be  kept  together,  in  a 
flock  or  flocks,  annually,  for  such  time,  and  season  of  the 
year,  as  they  shall  determine. 

SECT.  2.  And  the  owners  of  sheep,  in  every  such  flock,  and  make  reg 

mav  meet  together  in  their  limits,  and  at  such  meeting,  ulatl°.ns  re- 
»        ,       •  j-  ,1    •    •    ,  3   specting  them 

by  a  major  vote,  according  to  their  interest,  to  be  com- 

puted  according  to  the  number  of  sheep  each  voter  may 
own,  to  choose  a  clerk,  who  shall  be  sworn  to  make  a  * 

true  entry  of  all  their  votes  and  acts,  as  shall  be  made  by 
such  owners  of  sheep,  relative  thereto ;  and  they  may 
also  choose  sheep-masters  for  the  hiring  of  a  shepherd, 
and  letting  out  the  flock  to  fold,  and  for  other  prudential 
affairs,  relating  to  the  flock  ;  and  also  to  make  orders  for 
the  warning  of  their  meetings,  and  all  regulations  neces- 
sary and  proper,  for  the  better  management  of  the  flock. 

SECT.  3.  No  person  shall  turn,  or  permit  any  flock  of  what  flocks 
sheep,  of  more  than  fifty,  with  a  keeper,  to  go  to  feed 
upon  the  highways  of 'any  town,  without  liberty  first  had 
from  such  town,  on  penalty  of  four  dollars  for  each  of- 
fence, to  be  for  the  use  of  him,  who  shall  sue  for  and  re- 
cover the  same. 

SECT.  4.  If  any  sheep  shall  go  at  large,  on  the  common  Sfaeep  not  t« 
or  highways  in  any  town,  without  a  keeper,  such  sheep  " 
may  be  taken  up  and  impounded,  by  any  person  finding 
the  same :  Provided  nevertheless,  that  any  town  may,  by  Proviso, 
vote,  permit  sheep  to  run  at  large,  within  its  limits. 

SECT.  5.  Every  owner  of  sheep  shall  ear-mark  or  brand  Owners  of 
111-      u  .LI.   i.  u       -iu      sheep  to  ear- 

all  his  sheep,  that  are  more  than  six  months  old,  with  a  m ark  them. 

proper  mark,  and  shall  cause  his  mark  to  be  registered 

by  town-clerk  of  the  town  where  he  resides;  and  forevery  Penalty  for 

-heep  as  aforesaid,  found  unmarked,  and  going  at  large,  neSlect> 

the  owner  thereof  shall  forfeit  thirty-four  cents,  one  half 

to  the  complainer,  and  the  other  half  to  the  town-trea- 

surv. 


370  Title  92.     Sheriffs. 

Rams  to  be  SECT.  6.  If  any  owner  of  any  ram,  shall  suffer  the  same 

e  to  go  at  large,  or  out  of  his  or  her  inclostire,  between  the 

first  day  of  August,  and  the  first  day  of  December,  of  any 
Forfeiture,  if     year,  such  owner  shall  forfeit  and  pay  ten  dollars,  to  the 
arge'   person,  who  shall  find  and  take  up  the  said  ram,  for  each 
time  he  shall  be  so  found  at  large,  or  out  of  the  owner's 
inclosure,  and  taken  up  ;  and  said  forfeiture  may  be  re- 
Proceedings  in  Covered5  by  action  of  debt,   with  costs  of  suit ;  and  in 
case  the  own-    case  the  owner  shall  not  be  known,  the  person  finding  and 
er  is  unknown,  taking  up  any  ram,  as  aforesaid,  shall  secure  and  keep  the 
same,  and  within  twenty-four  hours  next  after,  lodge  a 
certificate  with  the  town-clerk,  setting  forth  the  marks, 
natural  and  artificial,  (if  any  such  there  be,)  which  clerk 
shall  make  a  record  thereof;  and  the  finder  shall  post  up 
a  certified  copy  of  such  record,  on  the  sign-post  in  the 
society,  in  which  such  ram  shall  be  so  taken  up  ;    for 
which  copy  and  record,  the  said  town-clerk  may  receive 
twenty  cents,  from  the  person  lodging  such  notice ;  and 
in  case  the  owner  of  any  ram,  taken  up  and  posted  as 
aforesaid,  shall,  within  five  days  after  such  posting,  pay  or 
tender  to  the  person  so  taking  up  and  posting  the  same, 
the  said  forfeiture,  such  ram  shall  be  restored  to  the  own- 
er thereof;  but  if  the  owner  do  not  pay  or  tender  as 
aforesaid,  within  the  said  five  days,  such  ram  shall  be  for- 
feited to  the  person  so  taking  up  and  posting  the  same. 
Proviso,  that     Provided  however,  that  whenever  any  number  of  rams 
but  one  forfeit-  exceeding  one,  shall  go  at  large,  or  out  of  the  owner's  en- 
curred*  closure,  at  the  same  time,  and  from  the  same  enclosure,  by 

his  or  her  sufferance,  a  single  forfeiture  only  shall  be  in* 
..  curred  or  recoverable  ;  and  provided  also,  that  in  such 

(iase,  there  shall  be  a  forfeiture  of  one  only  of  said  rams, 
to  be  selected  by  the  person  who  shall  find  and  take  up 

the  same  ;  and  after  the  expiration  of  said  five  days,  the 
Rams  not  for-  i        •  i  />      •  i  •  j        j 

feited  to  be        res*  and  residue  01  said  rams  shall  be  considered  as  in 

proceeded  with  the  possession  of  the  person  who  shall  find  and  take  up 
&s  stray  beasts.  the  same  as  stray  beasts,  and  be  proceeded  with  and  dis- 
posed of  as  such  according  to  the  provisions  of  an  act  en* 
titled  "  An  Act  relating  to  stray  beasts  and  lost  goods.1' 

TITLE  02.    sheriffs. 

An  Act  relating  to  Sheriffs. 

«E  it  enacted  by  the  Senate  and  House  of'Re.p- 
SECT.  1.    H-€  ..      •<    /-,          » /i        77        ^!^Ki 


__      resentatives  in  General  Assembly  convened, 
Sheriff  to  give    That  when  a  sheriff  is  appointed,  agreeably  to  the  pro- 
11        visions  of  the  constitution  of  the  state,  he  shall,  before  he 
enters  upon  the  duties  of  his  office,  execute  a  bond,  with 


Title  9.2.     Sheriffs.  371 

two  or  more  sulicient  sureties,  to  the  acceptance  of  the 
person  administering  the  office  of  governor,  payable  to 
the  treasurer  of  the  state,  for  the  time  being,  and  his  suc- 
cessors in  office,  in  the  sum  of  ten  thousand  dollars,  con- 
ditioned for  the  faithful  discharge  of  the  duties  of  his  of- 
fice, and  to  answer  all  damages,  which  any  person  or 
persons  may  sustain,  by  any  unfaithfulness  or  neglects  in 
the  same  ;  and  shall  also  take  the  oath  required  of  sher-  Sheriff  to  be 
iffs  by  the  constitution  of  the  state.     And  the  governor  sworn- 
shall  have  power,  at  any  time  he  may  think  proper,   to 
demand  of  any  sheriff,  a  renewal  of  his  bond,  with  such  Renewal  of 
security  as  he  may  judge  proper ;  and  on  such  sheriff's  bond- 
neglect,  or  refusal,  he  may  remove  him  from  office.  And 
whenever  there  shall  be  a  vacancy  in  the  office  of  sheriff, 
by  his  removal  as  aforesaid,  the  governor  of  this  state,  for 
the  time  being,  shall  have  power,  and  power  is  hereby 
given  him,  to  supply  such  vacancy,  until  the  next  session 
of  the  general  assembly.     And  every  person,  appointed  To  receive  a 
and  qualified  as  aforesaid,  shall  thereupon  receive  a  com-  commission, 
mission  from  the  person  administering  the  office  of  gov- 
ernor, declaring  him  qualified  as  aforesaid,  and  authoriz- 
ing and  empowering  him  to  execute  said  office.      And 
every  person,  so  commissioned,  shall  be  the  lawful  sher- 
iff of  the  county,  for  which  he  is  appointed  ;    and  shall 
have  all  the  powers,  rights  and  privileges,  and  be  under 
all  the  duties  and  obligations,  which  appertain  to  the  of- 
fice of  sheriff.     The  bonds  given  by  the  sheriff  as  afore-  Bond  to  be  re- 
said,  shall  be  lodged  with  the  secretary,  and  recorded  in  corded- 
the  records  of  the  state  ;  and  a  copy  of  such  bonds,  duly 
certified  by  the  secretary,  shall  be  admissible  evidence  in 
any  court,  and  sufficient  proof  of  their  execution.(l) 

SECT.  2.  The  sheriffs  in  their  respective  counties,  shall  Powers  o( 
have  power  to  execute  all  lawful  writs,  processes  and  shen^s- 
warrants  directed  to  them.  They  shall.be  conservators 
of  the  peace,  within  their  counties  ;  and  they  shall  have 
authority,  with  force  and  strong  hand,  when  necessary, 
to  suppress  all  tumults,  riots,  routs  and  unlawful  assem- 
blies,  and  to  apprehend,  without  warrant,  those  who  are 
in  the  disturbance  of  the  peace,  and  to  carry  them  before 
any  justice  of  the  peace,  that  further  procedings  may  be 
had  against  them,  according  to  law,  as  the  nature  of  the 
offence  shall  require. 

SECT.  3.  It  shall  be  lawful  for  the  sheriff  to  rak=e  the 
power  of  the  county,  and  to  command  any  person  or  per- 

(1)  A  marshal  was,  at  first,  appointed  ing  their  appointment,  by  the  governor 

by  the  general  court,  for  the  whole  colony.  and  council,  to  hold  tneJr  offices  during 

After  the  union,  a  marshal  was  appointed  pleasure  ;  and  now,  by  the  constitution, 

for  each  county,  by  the  county  courts.  In  they  are  appointed  by  the  general  assem- 

1702,  they   were   denominated  sheriffs ;  bly,  to  bold  their  offices  for  three  y«nrs 
and  in  1724,  an.  act  was  passed,  authoriz- 


372 


May  call  (hit 
the  militia. 


Penally  on  offi 
cers  and  sol- 
diers for  diso- 
bedience. 


S 


sheriffs  not  to 

turn  they 
cannot  do  exe- 
cution. 

Duty  of  sheriffs 
in  serving  writs. 


On  neglect  to 
pay  money  col- 
lected on  de- 
mand, to  pay 
two  per  cent 
per  month  in- 
terest. 


Title  9'2.     Sheriffs. 

sons  to  assist  him,  when  necessary,  in  the  execution  of 
his  office  ;  and  every  person  refusing,  who  is  of  sufficient 
age  and  ability,  shall  forfeit  a  sum  not  exceeding  thirtv 
four  dollars,  to  the  treasury  of  the  county,  where  the  of- 
fence is  committed. 

SECT.  4.  When  great  opposition  is  made  against  the 
sheriff,  in  the  execution  of  lawful  process,  or  there  is 
probable  ground  of  suspicion  that  greatopposition  will  be 
made,  he  shall  have  power,  with  the  advice  of  one  jus- 
tice of  the  peace,  or  more,  if  they  are  present,  to  raise 
the  militia  of  the  county,  or  so  many  of  them,  as  they  shall 
judge  needful,  to  remove  such  opposition  :  and  he  may 
seize  and  confine  all  who  resist  his  authority ;  and  may  ex- 
ert all  the  force  necessary  to  enable  him  to  execute  such 
process. 

SECT.  5.  If  any  commissioned  officer  or  soldier  shall 
neglect  or  refuse  to  obey  the  commands  of  the  sheriff,  un- 
der the  regulations  aforesaid,  then  every  such  commis- 
sioned officer  shall  forfeit  a  sum  not  exceeding  seventy 
dollars,  and  every  soldier  a  sum  not  exceeding  ten  dol- 
lars, to  the  treasury  of  the  county  where  the  offence  is 
committed  :  and  every  officer  and  soldier  shall  be  liable 
to  make  good  to  the  party  injured,  all  the  damages  he 
shall  sustain  by  their  neglect ;  and  the  wages  allowed  for 
such  service  shall  be  one  dollar  per  day  to  a  captain,  fif- 
ty cents  per  pay  to  a  lieutenant,  and  thirty-four  cents  per 
day  to  all  other  persons. 

SECT.  6.  And  the  sheriffs  shall  not  return,  in  any  case, 
tha't  they  cannot  do  execution. 

SECT.  7.  Sheriffs  shall  receive  all  writs  and  processes 
directed  to  them,  when  tendered,  and  shall  execute  the 
same,  and  make  true  return  thereof,  according  to  the  di- 
rections therein  given  ;  and  it  shall  be  their  duty  to  give 
receipts  for  all  writs  delivered  to  them  to  be  served,  when 
demanded,  specifying  the  names  of  the  parties,  the  date 
of  the  writ,  the  time  of  delivery,  and  the  sum  or  thing  in 
demand,  without  takingany  fee  therefor  :  and  if  any  sher- 
iff shall  not  duly  execute  and  return  the  writ,  or  shall 
make  a  falc  and  undue  return  thereof,  he  shall  be  liable 
to  pay  all  damages  to  the  .party  aggrieved,  to  be  recover- 
ed in  any  proper  action. 

SECT.  8.  When  a  sheriff  shall  have  received  the  money 
on  any  execution  in  his  hands  for  collection,  and  the  same 
shall  have  been  demanded  of  him,  by  any  person  author- 
ized to  receive  it,  and  such  sheriff  shall  neglect  or  refuse 
to  pay  the  same,  on  demand,  he  shall  pay,  and  the  party 
entitled  to  the  money  shall  have  right  to  recover  and  re- 
ceive two  per  cent  per  month,  on  the  amount  received; 
from  the  time  of  such  demand,  till  the  sajne  be  paid. 


Title  92.     Sheriffs.  373 

SECT.  9.  Every  process  against  a  sheriff,  for  a  default  Service  of  writ 
in  his  office,  shall  be  served  at  least  fourteen  days  before 
the  sitting  of  the  court  to  which  it  is  returnable  :    and 
where  a  receipt  in  writing  for  an  execution  is  demanded 
or  received,  at  the  time  of  delivery,  no  appeal  shall  be  no  appeal ; 
allowed  in  a  suit  against  the  sheriff  for  not  serving  it ; 
except  in  actions  before  justices  of  the  peace,  where  the  ?xc.ept  from 
matter  in  demand  exceeds  the  sum  of  seven  dollars,  when  j,ueacCeeS  °f  the 
appeals  shall  be  allowed  to  the  county  court,  as  in  other 
cases. 

SECT.  1 0.  Sheriffs  may  constitute  and  -appoint  deputies  Sheriffs  may 
to  act  under  them,  w  ho  shall  have  the  same  power  as  the  aPP°'Rt  dep- 
••heriffs  appointing  them  ;  and  sheriffs  shall  be  responsible 
for  the  neglect  and  default  of  their  deputies  in  their  offi- 
ces. The  number  of  deputy-sheriffs,  to  be  appointed  for 
the  county  of  Hartford,  shall  not  exceed  ten  ;  for  the 
county  of  New-Haven,  ten  ;  for  the  county  of  New-Lon- 
don, eight;  for  the  county  of  Fairneld,  nine ;  for  the 
county  of  Windham,  seven  ;  for  the  county  of  Litchfield, 
eleven ;  for  the  county  of  Middlesex,  six  ;  and  for  the 
county  of  Tolland,  four. 

SECT.  11.  No  person  shall  hold  or  exercise  the  office  Deputy-sheriff; 
of  deputy-sheriff,  until  his  appointment  to  that  office  has  |°dbj;  '{J*0*** 
been  approbated,  by  the  county  court,  of  the  county  to  county  court 
which  he  belongs:  Provided,  that  when  the  sheriffof  any 
county  is  appointed  in  the  recess  of  the  county  court  of 
that  county,  he  may  appoint  the  number  of  deputies  al- 
lowed by  law,  to  continue  till  the  end  of  the  next  session 
of  the  county  court,  to  be  holden  in  such  county,  and  no 
longer,  unless  then  approbated  by  the  court.     The  war-  Warrants  must 
rants  and  deputations  of  deputy-sheriffs  and  gaolers  shall  be  in  writin& 
be  in  writing,  under  the  hands  of  the  sheriffs  appointing 
them,  and  recorded  in  the  records  of  the  county  court, 
in  the  county  in  which  they  are  appointed  ;  and  when  a 
sheriff  .dismisses  any  deputy  sheriff  or  gaoler  from  office, 
he  shall  deliver  his  written  discharge  to  such  deputy- 
sheriff  or  gaoler,  and  shall  lodge  a  copy  of  it  with  the 
-clerk  of  the  county  court  of  the  county,  of  which  he  is 
, sheriff,  to  be  recorded  in  the  records  of  that  court ;  for 
jvhich  the  clerk  shall  be  allowed  twenty-five  cents. 

SECT.  12.  And  on  the  death  of  any  sheriff,  the  gaoler 
-or  gaolers  and  deputy-sheriffs,  shall  continue  in  office  till 
another  sheriff  shall  be  appointed,  and  assume  the  exer-  death  of  sheriff 
cise  of  his  office,  although  the  term  for  which  any  such 
gaoler  or  deputy  may  have  been  appointed,  shall  expire 
after  the  death  of  the  sheriff,  under  whom  they  held  their 
respective  offices  :  and  the  defaults  and  misfeasances  of 
such  gaolers  and  deputy-sheriffs,  in  the  mean-time,  as 
tvell  as  before,  shall  be  adjudged  a  breach  of  the  bond 

49 


374 


'Perquisites 
that  may  be 
taken  by  sher- 
iffs from  their 
deputies. 


No  fee  for  ap- 
poi'ilment  of 
gaoler. 


Punishment 
for  transgres- 
sion. 


Sheriffs  may 
depute  each 
other ;  and 
other  persons, 
on  special  oc- 
casions. 


Officers  may 
not  draw  writs, 
or  appear  as 
attornies. 


Shall  indorse 
items  of  fees 
on  writs. 


Title  92.     Sheriffs. 

entered  into  by  any  sheriff  as  aforesaid,  conditioned  for 
the  faithful  administration  of  his  office  ;  and  the  estate  oi 
the  deceased  sheriff  shall  be  liable  therefor ;  and  his  ex- 
ecutor or  administrator  shall  have  against  the  gaolers, 
deputy-sheriffs,  and  their  sureties,  the  like  remedies  for 
their  defaults  and  misfeasances  in  office,  as  such  sheriff 
would  have  been  entitled  to,  had  he  lived,  and  continued 
in  the  exercise  of  his  office,  till  his  successor  was  duly 
appointed. 

SECT.  13.  Every  sheriff  shall  have  a  right  to  demand 
raid  receive  of  every  deputy,  by  him  appointed,  for  the 
risk-  of  such  appointment,  a  sum  not  exceeding  forty 
dollars,  annually,  and  in  the  same  proportion,  for  any 
term  less  than  one  year ;  which  sum  shall  be  in  full  for 
•all  claims  and  demands  on  such  deputy,  for  and  on  ac- 
count of  such  appointment,  except  when  the  sheriff  may 
be  sued  on  account  of  the  default  of  such  deputy,  in  which 
case  he  shall  have  a  right  to  demand  and  receive  on  his 
bond  the  sum  of  seven  dollars,  in  addition  to  the  sum  or 
turns  which  may  be  recovered  of  the  sheriff,  or  which  he 
may  have  to  pay  on  account  of  the  default  of  such  depu- 
ty. And  no  sheriff  shall,  directly  or  indirectly,  take  or 
receive  of  any  gaoler,  any  sum  whatever  as  a  fee  or  re- 
ward for  his  appointment,  or  continuance  in  office.  And 
if  any  sheriff,  contrary  to  the  provisions  of  this  act,  shall 
take,  demand  or  receive  any  fee  or  reward  from  a  gaoler, 
or  any  other  or  greater  compensation,  from  any. Deputy, 
by  him  appointed,  than  what  is  allowed  by  this  act,  he 
shall,  on  proof  thereof,  before  any  county  or  superior 
court,  be  rendered  forever  ipcapable  of  holding  the  office 
of  sheriff. 

SECT.  14.  Sheriffs  shall  have  the  power  to  deputeeach 
other,  to  serve,  as  deputies  in  their  respective  counties  ; 
and  shall  have  liberty,  on  special  occasions,  to  depute 
any  proper  person  to  serve  and  execute  any  particular 
writ  or  process,  without  the  approbation  of  the  county 
court. 

SECT.  15.  If  any  sheriff,  deputy-sheriff,  or  constable 
shall  draw,  or  fill  up.  any  writ,  process  or  declaration, 
except  in  his  own  cause,  it  shall  abate ;  nor  shall  any 
sheriff,  deputy-sheriff  or  constable,  appear  as  an  attorney 
in  court  for  any  other  person. 

SECT.  16.  Every  officer,  who  shall  serve  any  writ  or 
process,  excepting  executions,  shall  indorse  on  such  writ 
or  process  the  fees  by  him  charged  for  such  service,  with 
the  number  of  miles  by  him  travelled,  and  the  other  items 
constituting  the  amount  thereof.  And  if  by  such  indorse- 
ment it  shall  appear,  that  such  fees  are  charged  higher 
than  is  by  law  allowed,  the  court  to  whom  the  writ  is  re- 


Title  92.     Sheriffs.  375 

fumed,  shall  reduce  them  to  such  sum  as  is  by  law  allow- 
ed for  such  service. 

SECT.  17.  Every  officer,  who  collects   an  execution,"  Shall  indorse 

shall  indorse  thereon  the  items  of  his  fees  as  aforesaid,  lleras  of  ff.es 

,..«...  .,    'on  executions, 

and  at  any  time  before  its  return,  shall  deliver  to  the  and  give  a  bill 

debtor  in  the  execution,  on  demand,  and  without  any  fee,  to  debtor. 
a  bill  of  the  fees,  by  him  charged,  signed  by  hifn.  and 
containing  the  items  as  aforesaid,  with  the  name  of  the 
creditor,  the  date  and  amount  of  the  execution,  and  the 
court  from  whence  it  issued ;  and   in  case  of  neglect  or 
refusal,  he  shall  forfeit  to  such   debtor   threefold   the  Forfeiture  for 
amount  of  his  fees  on  such  execution,  to  be  recovered  by  ncglect- 
a  proper  action  on  this  statute. 

SECT.  18.  If  any  officer,  having  an  execution  to  collect,  If  sheriff  takes 
shall,  for  the  security  or  payment  of  it,  or  any  part  of  it,  morc.tllan  one 
take  more  than  one  bond,  bill,  note,  receipt  or  other  in-  eTecutlon^aU1 
strument,  directly  to  himself,  or  to  any  other  person  for  of  them  shall 
his  use,  or  in  which  he  shall  be  directly  or  indirectly  in-  ^e  v°'^- 
terested,  every  bond,  bill,  note,  receipt  or  other  instru- 
ment, so  taken,  shall  be  void. 

SECT.  19.  If  any  officer,  who  has  served  a  writ,  shall  Penalty  for  in- 
indorse  thereon  more  than  his  lawful  fees,  or  demand,  or 
receive  more  than  his  lawful  fees,  he  shall  forfeit  three- 
fold  the  amount  of  such  excess,  to  be  recovered  by  the 
person  against  whom  the  illegal  charge  has  been  made,  in 
a  proper  action  on  this  statute.  • 

SECT.  20.  If  any  sheriff  shall,  knowingly  and  wilfully,  Sheriff  may  be 
charge,  take,  demand,  or  receive  any  greater  sum  for  the  0^'        .1'?,? 
service  of  any  writ,  or  other  legal  process,  than  is  bylaw  ing 
allowed,  the  general  assembly,  on  proof  thereof,  may  re-  fees 
move  him  from  office. 

SECT.  21.  If  any  deputy-sheriff  shall  be  guilty  of  the 
like  offence,  it  shall  be  the  duty  of  the  county  court,  by  by  county 
whom  the  appointment  shall  have  been  approved,  on  com-  courts, 
plaint,  and  proof  of  the  fact,  to  remove  him  from  office. 

SECT.  22.  If,  upon  complaint  made  to  the  general  as-  Sheriff  refusing 
sembly,  it  shall  appear,  that  any  sheriff  illegally  detains,  ^cied,0"^ 
after  demand,  any  money  by  him  collected,  or  refuses  to  be  removed, 
satisfy  any  execution  issued  against  him,  in  the  life  there- 
of, such  sheriff  shall  be  declared  incapable  any  longer  to 
hold  the  office,  and  shall  be  removed  accordingly. 

SECT.  23.  No  deputy-sheriff  shall  be  allowed  any  more  Fees  for  actual 
fees  for  travel  to  serve  and  return  a  writ,  orexecution,  than  jjj'jj  J*"1^ 
for  the  actual  travel.     And  whenever  any  sheriifor  con-  niy-sheriff. 
stable,  by  virtue  of  any  writ  of  execution,  shall  seize  any  On  sheriffs    ^ 
goods  or  chattels  to  answer  and  satisfy  such  execution,  Sl 
aad  any  person  shall  appear  to  receive  such  goods  and 
chattels  into  his  care,  and  shall  give  to  such  officer  a  wri- 
ting well  executed  by  such  person,  therein  expressing  the 


Title  $3.     Sickness. 


thereVhall  be 
no  appeal. 


receipt  of  such  goods  and  chattels,  and  thereby  promising 
to  re-deliver  the  same  to  such  officer,  and  shall  fail  or 
performing  accordingly,  and  any  action  shall  be  b rough i 
by  such  sheriff  or  constable,  there  shall  be  no  appeal  in 
such  ease  allowed  or  granted. 


TITLE  93.    Sickness. 


An  Act  providing  in  case  of  Sickness. 


6oard  of 
health,  how 
constituted  ; 
their  powers ; 


may  appoint 
their  officers  j 


and  clerk. 

Their  records 
to  be  evidence, 


Their  dutiee ; 


to  examine  in- 
to nuisances, 


and  remove 
them. 


Expenses, 
bow  paid. 


SECT.   1. 


E  it  enacted  by  the  Senate  and  House  of  Rep* 
resentatives  in  General  Assembly  convened? 
That  the  civil  authority  and  select-men  of  the  several 
towns,  shall  constitute  a  board  of  health,  in  their  respect- 
ive towns  ;  and  shall  have,  and  may  exercise  all  power" 
and  authority  necessary  and  proper,  for  the  prevention  of, 
and  of  the  spread  of,  malignant,  contagious,  or  infectious 
disease;  and  such  board  may,  as  occasion  shall  require,  ap- 
point their  president,  and  such  health  officers,  or  health 
committees,  as  they  may  deem  expedient,  and  may  hold 
meetings,  and  the  members  present  at  any  meeting,  con- 
vened in  such  manner  as  the  board  shall  direct,  shall  be 
a  quorum  for  business ;  and  sha'll  have  authority  to  ap- 
point a  clerk,  who  shall  be  sworn,  and  shall  record  the 
acts,  doings  and  proceedings  of  such  board,  and  such  re- 
cords, or  certified  copies  thereof,  shall  be  receivable  in 
evidence,  in  all  courts  of  law  in  this  state. 

SECT.  2.  It  shall  be  lawful  for  such  board,  or  such 
health  officer,  or  health  officers,  or  health  committee,  of 
health  committees,  as  such  board  may  appoint,  to  exam- 
ine into  all  nuisances,  and  such  sources  of  filth,  as  may  be 
injurious  to  the  health  of  the  inhabitants,  whether  the 
same  shall  proceed  from  stagnant  waters,  cellars,  drains, 
common-sewers,  slaughter-houses,  tan-yards,  putrid  ani- 
mal, or  vegetable  substances,  vessels,  scows,  or  boats,  or 
any  other  cause,  of  any  nature  or  kind  whatsoever ;  and 
it  shall  be  the  duty  of  such  board,  health  officer,  or  offi* 
cers,  health  committee,  or  committees,  to  cause  to  be 
removed  all  filth  of  any  kind  whatever,  which  shall  be 
found  in  any  of  the  streets,  lanes,  wharves,  docks,  or  in 
any  other  place  whatever,  within  the  limits  of  their  town, 
whenever,  in  the  judgment  of  such  board,  such  filth  shall 
endanger  the  lives  or  health  of  the  inhabitants  ;  and  all 
expenses  of  such  removal  shall  be  paid  by  the  persoiror 
persons  who  placed  it  there,  if  known,  and,  if  not  known, 
by  the  town.  And  whenever  any  filth  or  nuisances  as 
aforesaid,  shall  be  found  on  private  property,  such  board 
shall  cause  actual  notice  to  be  given  to  the  owner,  or  or-^ 


Title  85.     Sickness*  '377 

cupier  of  such  property,  to  remove  the  same,  at  his  or  her  Owners  to  re- 
expense,  within  twenty-four  hours,  or  such  longer  reason-  move  HUIsan- 
able  time,*  as  the  board  shall  direct ;  and  in  case  such 
owner  or  occupier,  shall  neglect  to  remove  the  same,  he 
or  she  shall  forfeit  and  pay  a  fine  of  not  less  than  twenty  onPenalty- 
dollars,  nor  exceeding  one  hundred  dollars,  and  shall  also 
pay  such  expense  and  cost,  as  the  town  shall  incur,  by 
such  removal ;  and  after  the  expiration  of  such  time,  it 
shall  be  the  duty  of  such  board,  to  cause  such  tilth  or 
nuisances,  forthwith,  to  be  removed  or  abated.  And  such  Board  of 
board,  or  such  health  officer  or  committee,  as  the)  shall  di-  office^rnly611" 
rect,  shall  have  power  to  enter  all  houses,  stores,  cellars,  enter  houses, 
vessels,  and  other  places,  where  such  board  shall  have  just  kc.  suspected 
cause  to  suspect,  any  of  the  aforesaid  nuisances,  or  causes  fiithOI&cining 
of  filth,  to  exist,  and  on  findingthe  same,  the  owner  or  occu- 
pier of  such  house,  store,  cellar,  vessel,  or  place,  shall  be 
liable,  and  such  board  may  proceed  in  manner  and  form  as 
aforesaid.     And  such  board  is  also  authorized,  from  time  To  make  rules- 
to  time,  to  make  such  rules  and  regulations,  and  give  such  and  regulations 
orders,  to  have  eifect  within  the  limits  of  their  town,  as  to  ders^* 
such  board  shall  seem  necessary  and  proper,  to  prevent 
the  aforesaid  nuisances,  or  sources  of  filth  5   and  what- 
ever person  shall,  wittingly,  and  willingly  violate  such 
rule,  regulation  or  order,  after  the  same  shall  have  been 
published  for  one  week,  in  a  newspaper,  printed  in  such 
town,  or  after  the  same  shall  have  been  posted,  for  one 
week,  on  the  sign-posts  in  said  town,  or  after  actual  no- 
tice thereof  shall  have  been  given  to  such  person,  he  or 
she  shall  forfeit  and  pay  a  sum,  of  not  less  than   fifteen  penalty  for  vio* 
dollars,  nor  exceeding  one  hundred  dollars,  at  the  discre-  latin§ them- 
tion  of  the  court. 

SECT.  3.  It  shall  be  lawful  for  the  board  of  health,  in  May •  assign  pU- 
any  town,  contiguous  to  navigable  waters,  to  make  out  guiat 
and  assign,  within  the  limits  of  their  town,  or  the  waters  tine, 
contiguous  thereto,  the  port  or  place  in  any  harbor,  road, 
river,  or  bay,  in  which,  or  where,  vessels  arriving  or  com- 
ing into  the  limits  of  such  town,  or  into  such  contiguous 
waters,  shall,  if  need  require,  perform  quarantine  ;  and 
every  vessel,  which  shall,  between  the  first  day  of  June, 
and  the  first  day  of  November,  in  each  year,  come  from 
any  foreign  port  or  place,  or  from  any  port  or  place,  in 
the  United  States,  south  of  the  capes  of  the  Delaware, 
and  arrive  or  come  to  anchor  in  any  such  harbor,  road, 
bay,  river,  or  contiguous  waters,  if  any  place  for  quaran- 
tine shall  have  been  assigned  as  aforesaid,  such  vessel 
coming  and  arriving  as  aforesaid,  or  coming  to  anchor, 
shall  come  to  anchor  and  lie  at  such  place  so  assigned,  and 
at  no  other  place  whatever,  until  discharged,  in  manner  a« 
is  hereinafter  provided.  And  the  master  of  every  vessel 


378  Title  93.     Sickness. 

Duty  of  the       arriving  or  coming  to  anchor  as  aforesaid,  shall  forthwith 
vessels5  make  signal,  for  a  health  officer,  by  hoisting  colors  in  the 

shrouds,  or,  if  need  require,  may  send  a  person  on  shore, 
who  shall,  in  person,  or  by  writing,  notify  the  health  offi- 
cer of  the  port,  or  if  there  be  no  health  officer,  a  member 
of  the  board  of  health,  of  the  arrival  of  such  vessel,  and 
Penalty,  forthwith  return  on  board  ;  and  every  person  so  sent, 

who  shall  neglect  to  return  as  aforesaid,  shall  forfeit  and 
pay  a  fine  of  fifty  dollars  ;  and  every  master  of  a  vessel, 
arriving  or  coming  to  anchor  as  aforesaid,  who  shall  come 
to  anchor  at  any  port  or  place,  in  such  harbor,  road,  river, 
bay,  or  contiguous  waters,  (wind  and  weather  permitting,) 
p     .,    ,       .  other  than  in  the  port  or  place  so  assigned,  for  the  per- 
olating  quaran-  formance  of  quarantine,  if  any  such  port  or  place  be  as- 
tine.  signed,   shall  forfeit  and  pay  a  fine  of  not  less  than  one 

hundred  dollars,  and  not  exceeding  five  hundred  dollars, 
or  suffer  imprisonment  for  a  term  not  exceeding  six 
months,  or  both,  at  the  discretion  of  the  court. 

SECT.  4.  On  notice  given  to  a  healih  officer,  or  mem- 
arrival  of  such  her  of  the  board  of  health,  of  the  arrival  of  any  vessel  as 
vessel.  aforesaid,  it  shall  be  the  duty  of  such  health  officer,  or 

member  of  the  board  of  health,  without  delay,  to  visit 
such  vessel,  and  such  officer,  or  member,  shall  have  pow- 
er and  authority,  on  examination,  as  the  circumstances  of 

May  give  certi-  ^e  cage  mav  require  to  give  a  certificate  of  health,  dis- 

ficate  of  health,    ,         .  •>., 

&c  charging  said  vessel  from  quarantine,  or  to  cause   such 

vessel  to  continue  subject  to  quarantine  ;  and  every  ves- 
sel, so  subjected  to  quarantine,  shall  perform  quarantine, 
under  such  restrictions  and  regulations  as  such  board  of 

.  health  shall  have  established,  or  may  establish.     And 
Penalty  for  vi-  ^  J 

elating  rules  of  every  owner,  master,   supercargo,  oincer,  seaman,  con- 
quarantine,       signee,  or  other  person,  who  shall  neglect  or  refuse  to 
obey  the  directions,  rules,  regulations,  or  restrictions  of 
the  board  of  health,  relative  to  any  vessel  required  to  per- 
form quarantine,  shall  pay  a  fine,  not  exceeding  five  hun- 
dred dollars,  or  suffer  imprisonment  for  a  term  not  ex- 
ceeding six  months,   or  both,  at  the  discretion  of  the 
Penalty  for  at-  court. 

feiude  quaran-  SECT.  5.  If  any  master  or  commander  of  any  vessel,  li- 
iine,  by  false  able  to  perform  quarantine,  as  aforesaid,  shall  falsely,  or 
""  fraudulently,  attempt  to  elude  a  quarantine,  by  false  and 
unfoundfcl  declarations  of  the  port  or  place  from  whence 
he  came,  or  shall  land,  or  suffer  to  be  landed  from  his  ves- 
sel, any  apparel,  bedding,  goods,  or  merchandize  what- 
ever, or  any  person  or  persons,  other  than  in  the  manner 
herein  before  provided,  or  permit  any  person  or  persons 
to  enter  on  board  the  same,  before  such  vessel  shall  have 
been  visited  as  aforesaid,  he  shall  forfeit  and  pay  a  sum  of 
not  less  than  one  hundred  dollars,  nor  exceeding  five 


Title  93.     Sickntss.  379 

"hundred  dollars,  or  suffer  imprisonment  not  exceeding 
six  months,  or  both,  at  the  discretion  of  the  court. 

SECT.  6.  Whenever  a  health  officer,  or  member  of  the  Health  officers 
board  of  health,  shall,  on  visiting  any  vessel  as  aforesaid,  may  order  ves- 

ihink  it  necessary  that  any  vessel  required  to  perform  stls  to  bje ., 

,-n1  ,  cleansed,  thea 

quarantine,  should  be  cleansed  or  punned,  he  shall  direct  how  to  pro- 

the  master  or  commander  of  such  vessel,  to  hoist  a  white  ceed. 
flag  on  the  head  of  the  main-mast,  there  to  be  kept  during 
the  day  time.  And  it  shall  be  the  duty  of  such  officer,  or 
member,  to  apply,  without  delay,  to  the  board  of  health, 
to  direct  the  time  and  manner,  in  which  the  cargo  on 
board  such  vessel,  shall  be  in  part,  or  in  whole  cleansed, 
or  purified,  if  need  require  ;  and  such  vessel,  or  such  part 
thereof,  as  may  be  infected,  shall  be  cleansed,  by  being 
washed  with  a  lye  made  of  water  and  soap,  or  potash, 
barilla  or  common  ashes,  or  in  such  other  method,  as 

such  board  shall  direct.     And  whenever  such  vessel  shall  Pers°ns  on 

,   ,       .  ,.  .    ,,        board,  diseased, 

contain  any  person,  laboring  under  a   malignant,  mlec-  to  be  removed 

tious  disease,  such  person  shall  be  removed  to  a  hospital,  to  a  hospital, 
or  other  house,  in  a  healthful  and  safe  situation,  and  nurs- 
ed and  provided  for,  in  the  manner  prescribed  by  law. 

And  such  board  may  also,  at  their  discretion,  cause  any  Passengers,  fcc. 

,         ,  ,  £  may   be  seclu- 

passenger  or  passengers  on  board  such  vessel,  and  such  ded. 

of  the  mariners,  as  the  master,  or  commander  of  such  ves- 
sel shall  not  require  to  continue  on  board,  to  be  removed 
from  such  vessel,  and  secluded  on  shore,  for  the  space  of 
fourteen  days,  in  such  a  convenient  place,  as  the  board 
shall  direct ;  and  if  any  person   required  to  continue  in 
such  confinement,  shall  depart  therefrom  without  permis- 
sion from  the  board  of  health,  or  some  person  acting  by 
their  direction,  he  or  she  shall  forfeit  and  pay  a  fine,  not  Penalty  on 
exceeding  one  hundred  dollars  :  and  whatever  person  ["g1^™ 
shall,  without  such  permission,  resort  to,  or  associate 
with,  any  person  or  persons  so  confined,  shall  be  deem-  On  others,  for 
ed  to  be  contaminated  with  infection  ;  and  shall  be  liable  associating 
to  undergo  the  same  confinement  and  penalties,  as  are  w 
imposed  upon,  or  required  of,   such  person  or  persons 
resorted  to,  or  associated  with. 

SECT.  7,  Whenever  any  certificate  of  health  shall  have  Certificates  ob^ 
i  •          /•  -r*u    u~ .  A  tamed  by  fraud 

been  given  for  any  cargo,  vessel,  or  person,  it  the  board  or  mistake>to 

of  health  shall,  on  examination,  find  that  the  same  was  be  void,  and 
obtained  by  fraud,  or  any  false  or  unfounded  representa-  lhre"e^w  te 
tion,  or  shall  be  of  opinion,  that  such  vessel,  person,  or  pl 
cargo,  should  perform  further  quarantine,  for  the  purpose 
of  being  cleansed,  or  purified,  on  notice  thereof  being 
given  by  the  board,  to  such  person,  or  the  owner,  master, 
supercargo,  or  consignee  of  such  vessel  or  cargo,  as  the 
case  may  be  ;  the  same  shall;  in  all  respects,  be  liable  to 


°,80  Title  93.     Sickness. 

be  proceeded  with,  in  the  same  manner,  as  if  no  certifi- 
cate of  health  had  been  given. 

Board  ofhealth       SECT.  8.  Whenever  the  board  of  health  in  any  town. 

other  ve^seL  to  snaH  deem  it   expedient,   that  vessels  coming  or  arriv- 

quarantine.  ing  in  their  town,  or  in  the  waters  contiguous  there- 
to, from  any  port  or  place  in  the  United  States,  north 
of  the  capes  of  the  Delaware,  should  perform  quaran- 
tine, such  board  may  subject  such  vessels  to  perform 
quarantine  :  and  an  order  of  such  board,  published  in  a 
newspaper,  printed  in  their  town,  or  posted,  for  three 
days,  on  the'  sign-posts  in  such  town,  for  that  purpose, 
shall  subject  such  vessels  to  quarantine  ;  and  thereupon 
such  vessels  and  their  cargoes,  and  the  masters,  owners, 
mariners,  consignees,  and  all  other  persons,  shall  be  lia- 
ble to  the  same  penalties,  rules,  regulations,  and  restric- 
tions, as  are  established  by  law,  and  shall  have  been,  01 
may  be  established  by  such  board,  relative  to  vessels  ar- 
riving or  corning  from  a  foreign  port,  or  place. 

Board  ofhealtli       SECT.  9.  Whenever  any  contagious  or  malignant  dis- 

I .     ,  J 

.    '  case  is  prevalent  in  any  town  in  this  state,  or  in  any  town 
communication  *  .  .          J          .    .  ., '  J        f 

with  infected     or  place  in  any  of  the  adjoining  states,  it  shall  be  lawful 

places.  for  the  board  ofhealth,  of  any  other  town  in  this  state,  to 

interdict  communication  between  their  town,  and  such  in- 
fected town  or  place  ;  and  an  order  of  such  board,  for 
that  purpose,  published  or  posted,  in  the  manner  prescri- 
bed in  the  last  section,  shall  be  deemed  sufficient  notice 
Penalty  for  vio-  to  all  persons,  of  such  interdiction  ;  and  any  person  found 
Jating  order.       guilty  of  wilfully  violating  such  order,  shall  be  subjected 

to  a  fine  not  exceeding  one  hundred  dollars. 

Tavcmers,  &LC.        SECT.  10.  Between  the  first  day  of  May,  and  the  first 

•to  give  notice    fay  of  November,  in  each  year,  every  taverner,  inn-keep- 

lodgers,  fee.       er>  or  keeper  of  a  boarding  house,  or  lodging-house,  shall, 

within  twelve  hours  after  any  sea-faring  man,  or  other 

lodger,  becomes  sick,   in  his   or  her  house,  report  in 

writing,  to  the  board  of  health,  or  health  officer,  the  name. 

(if  known.)  of  such  person,  and  the  nature  of  his  disorder, 

Penalty.  on  pam  of  forfeiting  twenty  dollars. 

Board  of  health       SECT.  11.  The  board  ofhealth  is  authorized  to  estab- 

may  establish     y^h  the  fees  or  compensation,  not  exceeding  five  dollars, 

which  the  health  officer  shall  be  entitled  to  receive,  for 

visiting  a  vessel  as  aforesaid  ;  and  the  master,  or  owner 

of  such  vessel,  shall  be  liable  to  pay  the  same,  to  such 

health  officer. 

Board  of  health  "SECT.  12.  Whenever  any  person  shall  refuse  to  obey 
may  enforce  a  or(jcr  or  ortjers  given  by  a  board  of  health,  in  pur- 
their  orders  •>  >  .  •>  .  , 

suance  of  the  powers,  in  such  board  vested  by  law,  or 

shall  endeavor  to  prevent  such  order  from  being  carried 
into  effect,  it  shall  be  lawful  for  any  justice  of  the  peace, 
on  the  request  of  such  board,,  to  issue  his  warrant,  to  any 


Title  93.     Sickness.  381 

sper  officer,  or,  if  need  requires,  to  any  disinterested 
person,  therein  stating  such  order  or  orders,  and  him  re- 
quiring to, carry  the  same  into  effect,  and  it  shall  be  the 
duty  of  such  officer,  or  disinterested  person,  to  execute 
(he  same. 

SECT.  13.  Whenever  a  board  of  health  shall  request  Physicians  to 
any  physician,  practising  in  their  town,  to  make  to  the  report, 
board,  daily,  or  weekly  report,  of  such  cases  of  pestilen- 
tial, or  malignant  fever,  or  disease,  as  occur  in  his  prac- 
tice, it  shall  be  the  duty  of  such  physician  to  report  as 
aforesaid,  specifying  each  patient's  name,  and  place  of 
residence,  on  pain  of  forfeiting,  for  eaclmeglect  orrefu-  on  penally, 
sal,  a  fine  of  fifty  dollars. 

SECT.  14.  All  penalties  and  forfeitures,   that  shall  be  Penalties,  &c. 
incurred,  for  any  violation  of  this  act,  shall  be  paid  into  •">*•  »ppn»pri* 
the  treasury  of  the  town,  in  which  the  offence  shall  be 
committed.     And  all  sums  recovered,  or  which  any  per- 
son or  persons  shall  have  forfeited,  for  any  breach  of  any 
preceding  section  of  this  act,  or  of  any  order,  rule,  or  reg- 
ulation, of  a  board  of  health,  made  in  pursuance  of  any 
-preceding  section  of  this  act,  shall  constitute  a  fund  in 
such  town,  subject  only  to  such  board,  and  to  be  by  such 
board  applied  to  the  contingent  expenses  of  such  board,  and  applied 
to  the  relief  of  such  poor  and  indigent  persons  in  their 
town,   as  may  be  infected  with  malignant  or  infectious 
fever,  or  disease,  or  to  the  prevention  of  such  disease  or 
fever.     And  the  costs  of  prosecution  under  this  act,  shall 
be  paid  out  of  the  treasury  of  such  town. 

SECT.  15.   If  any  person  shall  come  from  any  town  or  Persons  cent 
place,  in  this  or  a  neighboring  state,  where  the  small-pox,  [JS  Jbereuie 
or  any  other  contagious  disease,  doth  prevail,  or  shall  small-pox,  kc 
have  lately  prevailed,  or  if  any  person  or  family,  may  be  prevails,  how 
justly  suspected  or  feared  to  have  taken  the  infection,  of  *°ifhe   ea  f 
any  such  contagious  disease,  it  shall  be  in  the  power  of 
the  board  of  health,  of  any  town,  where  *uch  person,  or 
persons,  or  family  may  be,  to  order  such  person  or  per- 
sons, or  family  into  confinement  in  a  hospital,  (if  any  there 
be  in  such  town,)  or  in  some  other  place  to  be  designated 
by  said  board  of  health,  there  to  remain  as  long  as  said 
board  shall  judge  necessary,  to  insure  the  safety  of  such 
town  from  such  infection,  from  such  person  or  persons ; 
and  if  need  require,  the  said  board  may  apply  to  any  jus- 
tice of  the  peace  in  such  town,  who  is  hereby  authorized 
to  issue  a  warrant,  directed  to  some  proper  officer,  direct- 
ing him  to  execute  the  orders  of  said  board  of  health,  in 
relation  to  such  person,  persons   or  family ;    and  said 
board  is  also  authorized,  to  give  orders  and  directions, 
for  regulating  and  restraining  any  improper  intercourse 
with  such  person,  persons  or  family.     And  if  any  person 

50 


382 


Title  93.     Sickness. 


Penalty  for 
non-compli- 
ance. 


Persons  sus- 
pected to  have 


with  tho 
small-pox,  fee. 
bo\v  to  be  dealt 
witb. 


When  any 
contagious 
disease  prevails 
in  any  town, 
what  may  be 
done. 


Penalty  for 
transgression  ; 


bow  recovered 

No  appeal. 
No  person  to 


permission 
from  board  of 
health. 


shall  neglect  or  refuse  to  comply  with  any  order  of  the 
board  of  health,  made  in  pursuance  of  authority  given 
them  in  this  and  the  next  succeeding  section,  he  shall  for- 
feit and  pay  the  sum  of  twenty  dollars. 

SECT.  16.  Whenever  any  person  or  persons,  shall  come 
into  any  town  in  this  state,  from  any  place,  where  the 
small-pox,  or  other  contagious  disease,  is,  or  shall  have 
been  lately  prevalent ;  or  when  any  person  in  such  town 
shall  be  justly  suspected  to  have  come  from  such  infected 
place,  or  to  be  infected  with,  or  to  have  been  exposed  to, 
the  small-pox,  or  such  other  disease  ;  it  shall  be  lawful 
for  the  board  of  health,  of  such  town,  or  such  health  offi- 
cer, as  they  shall  appoint,  to  require  such  person  or  per- 
sons, so  coming,  or  suspected,  to  disclose  on  oath,  wheth- 
er he  or  they  have  come  from  such  place,  or  are  infected 
with,  or  have  been  exposed  to,  the  small-pox,  or  such  oth- 
er disease  ;  and,  for  that  purpose,  may  administer,  or 
cause  to  be  administered,  an  oath  or  oaths,  to  such  per- 
son or  persons  5  and  in  case  any  such  person  or  persons, 
shall,  when  required,  refuse  to  disclose  on  oath,  as  afore- 
said, said  board  of  health  may,  without  further  proof,  or- 
der and  effect  the  confinement  of  such  person  or  persons, 
so  refusing,  as  is  provided  in  the  preceding  section  of  this 
act,  relative  to  persons  suspected  to  have  the  small-pox, 
or  other  contagious  disease. 

SECT.  17.  Whenever  any  contagious  disease,  shall  be 
prevalent  in  any  town,  the  board  of  health  in  such  town, 
shall  have  authority  to  do  and  perform,  all  matters  and 
thing  relative  thereto  ;  and  to  give,  and  make  and  pub- 
lish, in  such  manner  as  they  may  deem  proper,  all  such 
rules,  orders  and  regulations,  for  preserving  the  inhabit- 
ants therefrom,  as  they  shall  deem  expedient  for  that  pur- 
pose ;  and  if  any  person  or  persons,  shall  transgress  any 
rule,  order  or  direction,  made  or  given  by  the  board  of 
health,  in  pursuance  of  the  power  given  them  by  this 
section,  every  person,  or  persons,  so  transgressing,  shall 
forfeit  and  pay  to  the  treasurer  of  such  town,  a  sum  not 
exceeding  twelve  dollars,  nor  less  than  one  dollar,  for 
every  such  transgression,  to  be  recovered  by  any  proper 
action,  before  any  justice  of  the  peace,  proper  to  try  the 
same ;  and  no  appeal  shall  be  allowed  from  the  judgment 
of  such  justice  ofthc  peace  in  such  action. 

SECT.  18.  No  person  within  the  limits  of  any  town  in 
this  state,  shall  receive,  give,  or  communicate  the  infec- 
tion of  the  small-pox,  by  way  of  inoculation,  or  in  any 
other  such  like  method,  or  be  aiding  or  assisting  therein, 
without  first  obtaining  permission  from  the  board  of  health 
in  such  town,  which  board  is  hereby  authorized  to  give 
such  permission,  by  vote,  and  a  certified  copy  thereof; 


Title  94.      Sivn-posts. 

and  when  such  permission  shall  be  so  given,  to  any  per-  How  to  pro- 
son  or  persons,  the  said  board  of  health  is  hereby  direct-  ceetj-  *fler  Ve 
ed  and  required,  to  assign  the  place,  house  or  houses,  in  m 
which  the  inoculation  shall  be  carried  on,  and  in  which 
the  infected  persons  shall  be  kept,  and  to  appoint  or  ap- 
prove of  the  nurses  or  tenders  employed,   and  to  make 
and  give  such  rules  and  directions,  as  they  shall  deem 
expedient,  for  preserving  the  inhabitants  from  taking  the 
infection  ;  aud  if  any  person  or  persons  shall  voluntarily  1>enalty  (°r . 
receive,  take,  give,  or  communicate  the  small-pox,  direct-  siS^iw! 
ly  or  indirectly,  contrary  to  the  true  intent  and  meaning 
of  this  section,  or  be  aiding  or  assisting  therein,  such  of- 
fender shall  forfeit  and  pay  to  the  treasurer  of  the  town, 
where  such  disease  is  communicated  and  had,  the  sum  of 
one  hundred  dollars  lor  every  such  offence.     And  if  any  Pri>  dtyfor 
person  shall  transgress  any  rule,  or  direction,  made  or  t1''"18^688'11^ 
given,  by  the  board  of  health,  in  pursuance  of  the  au- 
thority given  m  this  section,  he  shall  forfeit  and  pay  to 
the  treasurer  of  the  town,  where  the  oilence  shall  be 
committed,  a  sum  not  exceeding  twenty-five  dollars,  at 
the  discretion  of  the  county  court  which  shall  hear  and 

determine  the  same.     And  if  any  person  shall  voluntarily  p*n*'t.y for 

J  f  .  .  , J  receiving 

receive,  or  take  the  small-pox  by  inoculation,  without  the  small-pox,  and 

limits  of  this  state,  and  come  into  any  town  in  this  state,  coming  into 
and  have  the  same,  he  or  she  shall  forfeit  and  pay  to  the  1 1 
treasurer  of  such  town,  the  sum  of  one  hundred  dollars. 
And  all  informing  officers  are  hereby  required,  to  inform  informing  offi- 
against  all  and  every  person,  who  shall  transgress  against  £*" to  pro 
this  act,  or  any  provision  thereof,  or  any  rules,  orders,  or 
regulations,  made  in  pursuance  thereto. 

SECT.  19.  The  boards  of  health  in  the  several  towns,  Boards  of 
are  hereby  authorized  and  empowered,  to  adopt  such  a^ ptr™ef, &.c 
measures  for  the  general  vaccination  of  the  inhabitants  of  for  vaccina- 
their  respective  towns,  as  they  shall  deem  proper  and  ne- tlon- 
cessary,  to  prevent  the  introduction,  or  to  arrest  the  pro- 
gress of  the  small-pox  ;  and  to  defray  the  expenses,  in  Expense,  how 
whole,  or  in  part,  of  such  general  vaccination,  out  of  the  p' 
public  treasury  of  the  town. 


TITLE  94.     Sign-posts. 
An  Act  relating  to  Sign-posts. 

T)  E  it  enacted  by  the  Senateand  House  of  Rep- 
'  JD  r;esentatives,inGeneral  Assembly  convened, 
That  a  sign-post  shall  be  erected  and  kept,  in  each  school-  Sign-posts  to 
society,  by  the  select-men  of  the  town  in'which  such  so-  b( 


38d 

each  society, 
by  select-men, 
and  kept  in 
repair. 


Penalty  for 
neglect. 

Towns  may 
erect  and 
keep  additional 
sign-posts. 


Proviso. 


Certain  sign- 
posts, hereto- 
fore authoriz- 
ed, to  be  kept 
in  repair. 


Notices,  &ic. 
where  to  be 
posted. 


When  officers 
may  use  sign- 
posts out  of 
their  proper 
precincts. 


fitle  $4.      Sign-posts. 

ciety,  or  the  greater  part  thereof,  is  situated,  at  sud> 
place,  within  such  society,  as  the  said  select-men  shall 
judge  most  convenient,  and  shall  designate  ;  and  such 
sign-post  shall  be  erected,  and  kept  in  repair,  at  the  ex- 
pense of  such  town  ;  and  if  such  select-men  shall  not 
erect  such  a  sign-post,  or  shall  neglect  to  keep  in  repair 
such  signpost  as  may  have  been  erected  in  such  society, 
agreeably  to  law,  such  select-men  shall  forfeit  and  pay 
two  dollars  for  each  month,  during  such  neglect,  to  be 
recovered  for  the  use  of  him,  who  shall  sue  for  the  same, 
within  six  months  after  such  neglect. 

SECT.  2.  Each  town  may,  at  their  annual  meeting,  or 
at  any  other  meeting  specially  warned  for  that  purpose, 
order  to  be  erected  within  such  town,  any  additional 
sign-posts  therein,  and  in  such  place  or  places  as  the  pub- 
lic interest  may,  in  their  opinion,  require ;  which  sign- 
post or  sign-posts  shall  be  erected  and  maintained,  by  the 
select-men  of  the  town,  which  shall  order  the  same,  at  the 
expense  of  such  town,  under  the  same  penalty,  to  be  re- 
covered in  the  same  manner,  of  the  select-men  of  such 
town,  and  for  the  same  use,  as  is  herein  before  provided 
in  case  of  sign-posts  in  societies.  But  no  sign-post  shall 
be  erected  within  a  less  distance,  than  three  miles  from 
any  sign-post  within  the  same  town,  which  shall  have 
been  previously  established. 

SECT.  3.  The  several  additional  sign-posts  heretofore 
authorized  by  law  to  be  erected  in  the  towns  of  New- 
Hartford,  East- Windsor,  Saybrook,  Canton,  East-Had- 
dam,  Kent  and  New-London,  shall  be  continued,  and  kept 
in  repair,  by  the  select-men  of  those  towns  respectively, 
under  the  same  penalty,  to  be  recovered  in  the  same  man- 
ner, and  for  the  same  use,  as  is  provided  in  the  second- 
section  of  this  act. 

SECT.  4,  All  advertisements  or  notices  of  lands  or  goods, 
taken  by  execution,  or  for  distress  for  rates  or  taxes,  shall 
be  posted  on  a  sign-post  in  the  society,  where  such  lands 
or  goods  are  taken,  and  sold  thereat. 

SECT.  5.  In  such  societies  as  are  composed  of  parts  of 
two  or  more  towns,  or  parts  of  two  or  more  counties,  the 
constables  of  the  several  towns,  of  which  such  society  is 
composed,  and  the  sheriffs  and  deputy-sheriffs  of  the 
counties,  of  which  such  society  is  composed,  shall  have 
the  same  power  to  use  the  sign-post,  or  sign-posts,  in  such 
society,  as  though  the  same  were  situated  within  the  pro- 
per precincts  of  such  sheriffs,  deputy-sheriffs  or  con* 
stables* 


I  Lite,  9a.     Slavery.  ^  355 

TITLE  95.     Slavery. 
An  Act  to  prevent  Slavery. 

1     T^^"  ^  enacted  by  the  Senate,  and  House  of  Rtp- 
Urescntaiives  in  General  Assembly  convened. 
That  negro  and  mulatto  children,  born  in  this  state,  shall  Negro  and  mu 


, 

be  free  at  the  age  of  twenty-one,  and  shall  not  be  holden  }ree°at'tweut- 
in  servitude,  though  their  mothers  or  parents  were  slaves  one.8 
at  their  birth. 

SECT.  2.  All  slaves  emancipated  by  their  owners,   in  Emancipated 
case  they  come  to  want  after  their  emancipation,  shall  sl^medX 
be  supported  by  their  masters  respectively,   their  heirs,  the  owners. 
executors  and  administrators  ;  and  on  their  refusal,  the 
select-men  of  the  town  where  they  belong  shall  provide 
for  their  support  ;  and  the  town  shall  be  entitled,  in  a 
proper  action  on  the  case,  to  recover  all  the  expense  of 
such  support  from  the  owners  or  masters  of  such  slaves. 
their  heirs,  executors,  or  administrators. 

SECT.  3.  If  any  master  or  owner  of  a  slave  is  disposed  How  slaves 
to  emancipate  him,  he  may  apply  to  any  two  of  the  civil  "!"*  ^  em*u- 
authority,  or  to  one  of  the  civil  authority,  and  two  of  the  tl/^mnster 
select-men  of  the  town  where  ht  belor^s,  who,  if  they 


find  such  slave  to  be  in  good  health,  and  not  of  a  greater  fr"m  fntup* 

,,        f     .      r-  i    11  expense. 

age  than  iorty-nve  years,  shall  give  to  the  owner  or  mas- 

ter, certificate  thereof,  under  their  hands  ;  provided 
they  find,  on  examination  of  the  slave,  that  he  is  desir- 
ous to  be  made  free  ;  and  if  the  master  or  owner  snail, 
on  receiving  such  certificate,  emancipate  such  slave,  he 
shall  be  discharged  from  any  expense  for  his  support, 
provided  the  letter  of  emancipation,  and  the  certificate, 
shall  be  recorded  in  the  records  of  the  town  where  the 
master  resides. 

SECT.  4.  No  Indian,  negro,  or  mulatto  slave,  shall  be  y0  slaves  t» 
brought  or  imported  into  the  state,  by  sea  or  land,  from  .he  imported 
any  place  whatever,  to  be  disposed  of,  left  or  sold  within  Into  lhe  state' 
the  same. 

SECT.  5.  And  if  any  person  shall  import  or  bring  into  Forfeiture. 
the  state,  any  indian,  negro,  or  mulatto  slave,  or  slaves, 
to  be  disposed  of,  left  or  sold  within  the  same,  or  who, 
knowing  such  slave  or  slaves  to  be  so  imported,  or  brought 
into  the  state,  shall  receive  or  purchase  them,  or  any  of 
them,  he  shall  forfeit  the  sum  of  three  hundred  and  fifty 
dollars,  for  every  slave  so  imported  or  purchased,  one  half 
to  him  who  shall  prosecute  to  effect,  and  the  other  half  to 
the  treasury  of  the  state. 

SECT.  6.  If  any  inhabitant  of  this  state  shall  transport  Penalty  for 
out  of  the  same  into  any  other  state  or  country,  for  the  expor 


386 


Title  96.     Societies. 


Slave-trade 
prohibited. 


Insurance  on 
slave-ships, 
and  slaves, 
void. 


purpose  of  selling,  either  directly  or  indirectly,  or 
buy  or  sell,  with  intent  to  transport  out  of  this  state,  or 
shall  aid,  assist,  or  abet,  in  buying,  selling,  or  transport- 
ing into  any  other  state  or  country,  any  negro  or  mulatto 
slave  or  servant  for  years,  he  shall  forfeit  the  sum  of  three 
hundred  and  fifty  dollars,  one  half  to  him  who  shall  prose- 
cute to  effect,  aud  the  other  half  to  the  treasury  of  the 
state :  and  all  contracts  made  and  executed  in  payment, 
or  part  payment,  for  any  Slave  bought  and  sold,  contrary 
to  this  act,  shall  be  utterly  void* 

SECT.  7.  No  inhabitant  of  the  state  shall,  for  himself, 
or  any  other  person,  either  as  master,  factor,  supercargo, 
owner,  or  hirer,  in  whole  or  in  part,  of  any  vessel,  direct- 
ly or  indirectly,  import  or  transport,  buy  or  sell,  or  re- 
ceive on  board  his  vessel,  with  intent  to  cause  to  be  trans- 
ported, any  of  the  inhabitants  of  any  part  of  Africa,  as 
slaves,  or  servants  for  term  of  years,  upon  penalty  of  one 
hundred  and  seventy  dollars,  for  every  person  so  receiv- 
ed on  board,  and  one  thousand  seven  hundred  dollars  for 
every  such  vessel  employed  in  the  importation  or  trans- 
portation aforesaid  ;  one  half  to  him  who  shall  prosecute 
to  effect,  and  the  other  half  to  the  treasury  of  the  state. 
And  all  insurance  made  in  this  state  upon  such  vessel,  so 
employed,  and  upon  any  slaves  or  servants  shipped  on 
board  for  the  purpose  aforesaid,  shall  be  utterly  void  : 
and  this  act  may  be  given  in  evidence  under  the  general 
issue,  in  any  action  brought  for  the  recovery  of  such  in- 
surance.^) 


(1)  Slavery  was  never  directly  estab- 
lished by  statute  ;  but  has  been  indirectly 
sanctioned  by  various  statutes,  and  fre- 
quently recognized  by  courts,  so  that  it 
may  be  said  to  have  been  established  by 
law.  Few  negro  slaves,  however,  were 
imported  into  the  state  ;  and  in  1771,  the 
importation  of  all  slaves  was  prohibited. 
After  the  termination  of  the  war  of  the  re- 
volution, in  1784,  the  legislature,  to  effftct 
the  gradual  abolition  of  slavery,  enacted 
that  no  negro  or  mulatto  child,  born  alter 


the  first  day  of  March,  3784,  should  be 
held  in  servitude  longer  than  till  they  ar- 
rived to  the  age  of  twenty-five  years  ; 
and  also  provided  for  the  emancipation 
of  slaves  by  their  masters,  without  being 
liable  for  their  support.  The  consequence 
has  been,  that  there  are  now  very  few 
slaves,  and  in  a  short  time,  slavery  will 
no  longer  be  a  reproach  to  the  state.  The 
number  of  Negroes,  however,  is  rather 
increasing,  than  diminishing,  like  the  In 
dians. 


TITLE  96.     Societies, 

An  Act  relating  to  Religious  Societies  and  Con- 
gregations. 

.     "TlEit enacted  by  the  Senate  and  House  of  Rep- 
JD  resentatives,  in  General  Assembly  convened) 

General  rights   That  all  societies  and  congregations,  instituted  for  public 
and  powers  of  reijgious  worship,  which  have  been  incorporated  by  law. 


* 


Title  96.     Societies. 


387 


in  local  limits,  or  otherwise,  or  formed  by  voluntary  asso-  societies  for  re- 
ciation,  shall  hold,  possess  and  enjoy,  all  real  and  person- ligious  worshiP' 
al  property,  all  public  buildings  and  funds  belonging  to 
such  societies  and  congregations,  appropriated  to  the  use 
and  support  of  public  worship  5  and  shall  have  power  to 
take  care  of,  manage  and  apply  the  same  to  such  purpose ; 
and  shall  be  capable  hereafter  to  receive  any  grants  or    • 
donations,   and,  by  voluntary  agreement,   to    establish 
funds  for  the  same  object.(l) 


(1)  The  object  of  our  ancestors  in  emi- 
grating to  this  country,  was  to  enjoy  their 
religion,  not  only  free  from  persecution, 
but  without  interruption  from  Christians 
of  different  sentiments.  They  were  de- 
sirous of  maintaining  a  uniformity  of  doc- 
trine and  of  worship.  The  true  princi- 
ples of  religious  liberty  were  not  then 
known  in  any  Christian  country,  and  tole- 
ration was  not  the  virtue  of  that  age. 
Accordingly,  on  their  arrival,  they  form- 
ed an  ecclesiastical  constitution  ;  they 
passed  a  statute,  that  no  persons  should 
embody  themselves  into  church  estate, 
without  consent  of  live  general  court,  and 
approbation  of  neighboring  churches  ; — 
that  no  ministry,  or  church  administra- 
tion, should  be  entertained  or  attended, 
distinct  and  separate  from,  and  in  opposi- 
tion to,  that  by  the  approved  minister  of 
the  place,  on  penalty  of  five  pounds  ; — 
and  that  every  person  should  attend  pub- 
lic worship,  on  the  Lord's  day,  and  days 
of  fasting  and  thanksgiving,  on  penalty  of 
five  shillings  ;  and  to  guard  against  the 
supremacy  of  the  church  over  the  state, 
it  was  declared,  that  the  civil  authority 
toad  power  and  liberty  to  see  the  peace, 
ordinances,  and  rules  of  Christ's  church, 
observed  in  every  church,  accowling  to 
his  word,  and  to  deal  with  any  church- 
member  iu  a  way  of  civil  justice,  not- 
withstanding any  church  relation,  office, 
or  interest,  so  it  be  done  in  a  civil,  and 
not  in  an  ecclesiastical  way  ;  and  that  a 
church  censure  should  not  degrade  or  de- 
pose any  man  from  any  civil  office  or  au- 
thority. Laws  were  made  to  compel  each 
town  or  society,  by  taxation,  to  support 
the  ministry,  and  in  default  thereof,  the 
county  courts  were  ordered  to  see  it  done, 
and  every  inhabitant  was  compellable  to 
pay  taxes  for  the  support  of  the  approved 
minister.  A  provision,  however,  is  made, 
where  there  is  a  difference  of  opinion 
with  regard  to  church  government,  and  it 
is  declared,  that  though  the  congrega- 
tional churches  have  been,  in  general, 
approved  in  profession  and  practice,  yet 
as  sundry  persons  of  piety  and  worth 
among  them,  were  otherwise  persuaded, 
$.uch  persons,  being  approved  of  accord- 


ing to  law,  as  orthodox  and  sound  in  the 
fundamentals  of  religion,  should  have  al- 
lowance in  their  persuasion  and  profes- 
sion in  church  way,  without  disturbance. 

The  only  statute  against  heretics,  ap- 
pears in  the  revision  of  1672,  whereby  it 
is  enacted,  that  no  person  shall  entertain 
any  Quaker,  Ranter,  Adamite,  or  other 
notorious  heretic,  upon  penalty  of  five 
pounds;  and  that  towns  who  suffered 
their  entertainment  should  be  subjected 
to  a  penalty  of  five  pounds  per  week  ; 
that  the  governor,  deputy-governer,  or 
assistants,  should  have  power  to  send 
them  out  of  the  colony,  or  commit  them 
to  prison  ;  that  no  person  should  hold 
any  unnecessary  discourse  with  them,  on 
penalty  of  twenty  shillings  ;  or  keep  their 
books,  on  penalty  of  ten  shillings  ;  that 
their  books  should  be  seized,  and  deliver1 
ed  to  some  court,  who  should  suppress 
them  ;  and  if  any  master  of  a  vessel 
should  land  such  heretics  in  the  colony, 
he  was  compellable  to  transport  them  out 
of  the  state,  on  penalty  of  twenty  pounds. 
This  statute  does  not  appear  in  the  revi- 
sion of  1750. 

No  creed,  or  form  of  church  govern- 
ment, was  adopted,  until  1708  ;  and  then 
the  confession  of  faith,  heads  of  agree- 
ment, and  regulations  in  the  administra' 
tion  of  church  discipline,  as  consented  to 
by  the  elders  and  messengers  of  the 
churches,  convened  at  Saybrook,  were 
approved  of;  and  all  the  churches,  thus 
united  in  doctrine,  worship,  and  disci- 
pline, were-declared  to  be  established  by 
law.  Though  this  statute  was  omitted  in 
the  revision  of  1784,  yet  the  creed  and 
form  of  church  government  thereby  es- 
tablished, have  ever  been  recognized  and 
practised  upon  by  the  congregations  in 
the  located  societies. 

In  1708,  an  act  of  toleration  was  pass- 
ed, copied  from  the  celebrated  toleration 
act  of  William  and  Mary,  declaring  that 
all  persons  who  should  conform  to  that 
act,  should  have  liberty  of  worshiping 
God,  in  a  way  separate  from  that  estab- 
lished by  law  ;  but  should  not  be  excused 
from  paying  taxes  to  the  approved  minis 
ters  of  the  cfcurches,  established  by  law 


388 


Title  96.     Societies. 


How  any  per-  ^ox.  _>.  Whenever  any  person  shall  desire  to  joia 
bomTa  njem-  any  religious  society  or  congregation,  which  has  been, 
her  of  any  roll- or  shall  be,  incorporated  by  law.  or  has  been,  or  shall 
gious  society. 


Though  there  were  some  contests  in  the 
established  churches,  yet  there  appeared 
to  be  no  danger  of  an  innovation  till  the 
appearance  of  the  Baptists,  and  some  other 
denominations  ;  and  in  1723,  a  statute 
was  passed,  reciting,  that  some  persons 
had  formed  themselves  into  separate 
meetings,  in  private  houses,  for  religious 
worship  on  the  Lord's  day,  and  that  oth- 
ers without  ordination,  had  administered 
the  sacrarneiit  of  baptism,  and  thereupon 
enacting,  that  all  persons  who  should»ncg- 
lect  the  public  worship  of  God,  ori  the 
Lord's  day,  in  some  lawful  congregation, 
and  form  themselves  into  separate  com- 
panies, in  private  houses,  should  forfeit 
twenty  shillings,  and  that  any  person,  not 
being  a  lawful  minister,  who  should  ad- 
minister the  sacraments,  should  incur  a 
penalty  often  pounds,  or  be  whipped  not 
exceeding  thirty  lashes. 

In  1727,  the  members  of  the  church  of 
England  made  an  application  to  the  le- 
gislature, to  be  exempted  from  paying 
taxes  for  the  support  of  the  ministry  of 
any  other  denomination,  and  for  the  priv- 
ilege of  taxing  themselves,  to  support 
their  own  ministry  ;  and  an  act  was  pass- 
ed, directing  that  all  persons,  within  the 
limits  of  a  parish,  belonging  to  the  church 
of  England,  and  to  the  churches  establish- 
ed by  law,  should  be  taxed  by  the  same 
rale,  and  in  the  same  proportion,  for  the 
support  of  the  ministry  in  such  parish  ; 
and  where  there  was  a  society  of  the 
church  of  England,  according  to  the  can- 
nons of  that  church,  so  near  to  any  per- 
son who  had  declared  himself  to  be  of 
that  church,  ttiat  he  could  conveniently, 
and  did  ordinarily,  attend  public  worship 
there,  then  the  collector  of  the  tax,  on 
levying  the  same,  should  pay  it  to  that 
minister  of  thd  church  of  England,  on 
which  such  person  attended,  who  should 
have  power  to  receive  and  recover  the 
same  ;  and  when  the  taxes  so  collected, 
.should  be  insufficient  to  support  the  min- 
ister of  the  church  of  England,  the  mem- 
bers of  the  society  were  vested  with  the 
power  of  taxing  themselves ;  and  they 
were  also  exempted  from  paying  taxes 
for  building  or  repairing  the  meeting- 
houses of  the  established  churches.  The 
principle  of  exempting  dissenters  from 
taxes  to  support  the  established  churches, 
having  been,  admitted  in  one  case,  it  be- 
came necessary  to  extend  it  to  others. 
Accordingly,  in  1729,  this  exemption  was 
extended  to  Quakers  and  Baptists,  who 
lived  so  near  to  anv  society  of  their  de- 


nomination, that  they  could  and  did  at- 
tend public  worship  therein,  on  their  pro- 
ducing a    certificate   from   such   society, 
that  they  had  joined,  and  belonged  to  it. 
In  the  year  1742,   itinerant    preachers, 
and    lay    exhorters,   having   excited    an 
alarm  for  the    ecclesiastical  constitution 
itself,  the  legislature  passed  an  act  to  pro- 
hibit any  ordained    or    licensed  minister, 
to  preach  and  exhort,  in  any  society,  not 
under  his  care,  without   the  invitation  of 
the  settled  minister,  and  major  part  of  the 
church  and  society,  on  pain  of  being  ex- 
cluded from  the  benefit  of  the  law  for  the 
support  of  the  ministry  ;  «lso,  to  prohibit 
any    person,    not  a    settled  or  ordained 
minister,    from   going  into   any  parish  to 
teach  and  exhort  the  people,  without  the 
invitation  of  the  settled  minister,  and  the 
major  part  of  the   church  and   congrega- 
tion, on   penalty  of  being   bound  to  his 
good  behavior ;  anr-  there  was  a  further 
clause,  that  if  any  foreigner,  whether  li- 
censed to  preach   or  not,  should  preach, 
teach,  or  publicly  exhort,  in  any  town  or 
society,  without  the  invitation  of  the  set- 
tled minister,  and  the  major  part  of  the 
church  of  such    town   and  society,  or  if 
there  were   no   settled  minister,   then    at 
the  call  of  the  church   and  inhabitants  of 
such  society,  he  should  be  sent,  as  a  va- 
grant, by  warrant,  from  constable  to  cen- 
stable,  out  of  the  bounds   of  the   colony. 
This  act  not  answering  the  intended   ef- 
fect, the  legislature,  in  May, -1743,  repeal- 
ed the  act  of  toleration,    passed  in  1708; 
at  the  same  time,  liberty  was  given  to  so- 
ber dissenters,  to  apply  to  the  assembly 
for  relief;  and  in  October  .follow!  • 
act  was  passed,  directing  that   if  any  for- 
eigner  or  stranger  should,  at  any  time, 
return  into  the  colony,  after  he  had  been 
by  authority,  transported    out  of  it,  and 
should   teach,   preach,  or  exhort,   in  any 
town  or  society,  it  should  be  (he  duly  of 
any  magistrate,  who  should  have  informa- 
tion of  it,  to  cause  such  person  to  be  ap- 
prehended    and     brought     before    him, 
who  could  bind  him,  in  the   punal  *<na  of 
one  hundred  poun4s,  to  his  peaceable,  and 
good  behaviour,  and  not  to  offend  again 
in  like  manner.     But    the  tVrment   soon 
subsided,  and  in  the  revision  ot  1750,  these 
statutes  do  not  appear.     At  this  time,  the 
denial  of  the  being  of  a  God,  the  doctrine 
of  the  Trinity,  and  the  divine  authority  of 
the  Scriptures,  was  made  punishable,  for 
the  first  offence,  by  disability  to  hold  any 
office,  and  for  the  second  offence,  by  the 
additional  disability  to  sue,  to  he  a  guar 


Title  96.     Societies. 


389 


•  rmed,  by  voluntary  association,  he  may  lodge  with 
the  clerk  of  the  same,  or  if  there  be  no  clerk,  with  any 
other  officer  thereof,  a  written  declaration,  subscribed  by 
himself,  expressing  his  desire  and  intention  of  becoming 
a  member  of  such  society  or  congregation,  and  there- 
upon he.  shall  become  a  member  thereof,  entitled  to  all 
<he  privileges,  and  liable  to  all  the  duties  of  a  member, 
unless  a  majority  shall,  at  their  next  lawful  meeting,  mani- 
lest  their  dissent  thereto. 

SECT.  3.  The  members  of  the  several  religious  socie-  Annual 
lies  and  congregations,  may  annually  meet,  some  time  in  inS- 
the  month  of  December,tor  at  any  other  time  they  shall 
judge  convenient,  at  the  usual  place  of  holding  meeting*, 
•or  at  such  place  as  they  shall  establish,  upon  warning  and 
notice  given,  at  least  five  days  before  such  meeting,  by  Notice,  how 
the  committee  of  the  society  or  congregation,  or  if  there  Siven- 
be  110  committee,  by  the  clerk,  and  if  there  be  no  clerk, 
by  a  warrant  from  a  justice  of  the  peace,  upon  applica- 
tion of  live  or  more  members  of  the  society  or  congrega- 
tion. 

SECT.  4.  And  the  members  of  such  societies  and  con- 
gregations, being  lawfully  assembled,  shall  have  power, 


dian,  executoror  administrator.  This  stat- 
ute was  copied  from  one  passed  in  the 
reign  of  William  amd  Mary.  There  never 
was  a  conviction  under  it.  Atheism  and 
Deism  were  never  avowed.  Unitarians 
have  been  allowed  to  promulgate  their 
opinions  with  impunity.  This  statute  has 
been  superseded  by  the  constitution. 

In  the  revision  of  1784,  more  liberal 
principles  of  toleration  were  adopted. 
Dissenters,  of  all  denominations,  were  ex- 
empted from  the  payment  of  taxes  to  the 
support  ot  the  ministry,  in  the  located  so- 
cieties, where  they  had  formed  distinct 
churches  or  congregations,  in  a  way  agree- 
able to  their  consc'rences,  and  ordinarily 
attended  public  worship  therein,  and  con- 
tributed their  due  proportion  to  the  sup- 
port thereof,  and  produced  a  certificate 
from  such  church  or  congregation,  signed, 
by  their  order,  by  the  minister,  or  other 
officer,  and  lodged  the  same  with  the  clerk 
of  the  located  society  wherein  such  person 
dwelt.  Some  disputes  having  arisen  re- 
specting the  form  and  validity  of  certifi- 
cate!!, and  a  jealousy  existing  that  an  un- 
due advantage  was  taken  of  the  law,  an 
act  was  passed  in  May,  1791,  directing 
that  certificates,  to  be  valid,  must  be  ap- 
proved of  by  a  justice  of  the  peace. 

This  law  excited  general  disapproba- 
tion, and  in  October,  1791,  an  act  was  pas- 
sed, authorizing  dissenters  to  make  certifi- 
cates, in  their  own  np.mes,  and  lodge  them 


with  the  clerk  of  the  society,  in  the  limits 
of  which  they  lived,  which  should  exempt 
them  from  taxes,  so  long  as  they  ordina- 
rily attended  public  worship,  in  the  socie- 
ty to  which  they  joined;  and  dissenting 
societies  were  vested  with  a  power  to  tax 
themselves  to  support  ministers,  and  build 
and  repair  meeting-houses.  This  was  in 
effect,  placing  all  denominations  on  the 
same  footing  ;  for  after  this,  there  was  no 
attempt  to  tax  those  who  had  lodged  cer- 
tificates, under  any  circumstances.  Yet 
there  was  a  nominal  distinction,  by  which 
one  denomination  was  obliged  to  lodge 
certificates  with  the  other  ;  but  all  distinc- 
tion is  now  done  away,  by  the  constitu 
tion  ;  the  crime  of  heresy  is  unknown  to 
our  law  ;  all  denominations  of  Christians 
are  precisely  on  the  same  footing ;  the 
support  of  the  ministers  of  religion  de- 
pends on  the  consent  and  voluntary  con- 
tribution of  the  people  ;  and  this  statute 
is  intended  merely  to  give  them  the  pow- 
er of  providing  ior  its  support,  in  such 
manner  as  they  may  think  proper.  Thug, 
the  people  of  this  state,  in  less  than  two 
centuries,  have  passed  from  a  religious  es- 
tablishment, through  various  changes,  to 
perfect  freedom  ;  and  it  may  be  added, 
that  these  changes  have  not  broken  up 
any  of  the  located  societies,  but  public 
worship  continues  to  be  doly  attended  ir 
them  all. 


390  Title  96.     Societies. 

Clerk.  at  their  annual  meetings,  to  appoint  a  clerk,  who  shall 

take  the  oath  provided  by  law,  and  shall  make  entries  of 
all  the  votes  and  proceedings  of  the  society  or  congrega- 
tion, a  copy  of  which,  attested  by  him,  shall  be  legal  evi- 
dence in  all  courts  ;  and  he  shall  continue  in  office  till 
another  be  chosen  and  sworn  in  his  room  ;  also,  to  ap- 

Committee.  point  three  or  more  of  their  members  to  be  a  committee, 
to  order  the  affairs  of  the  society,  for  the  year  ensuing. 

Their  duties  wno  s]lan  adjust  and  settle  all  the  claims  on  the  society 
or  congregation,  and  draw  orders  on  the  treasurer  for  the 

Treasurer.  payment  of  the  same  ;  and  to  appoint  a  treasurer,  who 
shall  receive  all  the  money  belonging  to  the  society  or 
congregation,  and  pay  over  the  same  to  the  order  of  the 
society  or  congregation,  and  render  his  account  therefor, 
when  required. 

Towers  of  reli-       SECT.  5.  The  members  of  religious  societies  and  con- 

gious  societies    gregations,  shall  have  power  to  hold  meetings,  when  their 

in  lawful  meet-  ° 

tags  concerns  render  it  necessary,  and  may  adjourn  the  same 

from  time  to  time  ;  and  in  their  lawful  meetings,  shall  have 
power  by  a  major  vote,  to  settle  ministers,  according  to 
the  usage  of  the  denomination  of  Christians  to  which  they 
belong ;  to  repair  their  meeting-houses  ;  to  make  such 
regulations  for  the  support  of  religious  worship  as  they 
may  think  proper  ;  to  establish  the  times  and  places  of 
holding  their  meetings,  and  the  mode  of  warning  them  ; 
and  to  appoint  committees,  or  agents,  to  carry  into  effect 
the  votes  and  orders  of  the  society  or  congregation,  as 
may  be  necessary. 

How  place  of        SECT.  6.  Any  society  or  congregation  may,  by  a  vote  of 
erecting  meet-  fwo  thirds  of  the  members  present,  agree  to  build  a  new 
befes'tablbhVd.    meeting-house,  and  to  establish  the  place  where  it  shall 
be  erected  ;  or,  if  they  judge  it  expedient,  may  apply  to 
the  county  court  in  the  county  where  such  society  or  con- 
gregation  is  situated,   to  establish  the  place,  and  such 
county  court,  after  hearing  all  parties  concerned,  may 
appoint  and    fix  the  place   where  such  meeting-house 
shall  be  erected  ;  and  it  shall  not  then  be  lawful  to  erect 
it  in  any  other  place. 

Power  of  Uxa-  SECT.  7.  All  societies  and  congregations  of  Christians 
may,  by  a  major  vote  of  the  members  present,  in  a  lawful 
meeting,  lay  a  tax  on  the  members  of  such  society  oniy, 
to  build  and  repair  meeting-houses,  to  provide  for  the 
annual  support  of  the  gospel  ministry,  and  to  defray  any 
other  expense  necessarily  incurred  in  the  proper  business 
of  such  society  or  congregation  ;  and  to  appoint  a  collec* 
tor  or  collectors,  to  collect  the  same ;  and  every  collector, 
who  shall  refuse  to  serve,  shall  forfeit  and  pay  the  sum  of 
five  dollars  to  the  treasury  of  the  society  or  congregation, 
to  be  recovered  by  action  brought  in  the  name  of  thr 


Title  96.     Societies.  391 

Measurer.     And  it  shall  be  the  duty  of  the  committee  Committee  to 
of  such  society  or  congregation,  to  make  out  a  rate-bill  m.?.ke  outrate 
against  the  members,  containing  the  proportion  of  tax  for 
each  member  to  pay,  according  to  the  assessment  list  of 
the  state,  completed  next  previously  to  the  laying  of  the 
tax,  and  shall  apply  to  a  justice  of  the  peace  in  the  town 
or  county  for  a  warrant,  directed  to  the  collector  or  col- 
lectors, appointed  to  collect  such  tax,  authorizing  and 
requiring  him  or  them   to  levy  and  collect  the  same  ; 
which  warrant  such  justice  of  the  peace  is   empowered  Warrant 
and  required  to  grant.     And  it  shall  be  the  duty  of  such 
collector  or  collectors,  to  collect  such  tax,  and  pay  over  Collection  of 
the  same  to  the  treasurer  of  the  society  or  congregation ; ta 
and  if  he  or  they  shall  fail  or  neglect  to  collect  it,  by  the 
time  appointed,  then  the   committee   of  the  society  or 
congregation,  shall  take  out  a  distress,  signed  by  a  justice  Distress 

of  the  peace,  who  is  hereby  empowered  to  grant  the  same,  aSainst  l^g1'- 

,.  J  ,,  ,,b  j.          '  gent  collectors 

against  such  negligent  collector  or  collectors,   direct- 

ed  to  the  sheriff  of  the  county,  or  constable  of  the  town, 
commanding  him  to  collect  such  part  of  the  tax  as  re- 
mains due  and  unpaid  from  said  collector  or  collectors, 
and  to  pay  it  over  to  the  treasurer  of  such  society  or  con- 
gregation. 

SECT.  8.  The  lawful  members  of  each  society  or  con-  Right  of  vot- 
gregation,  of  the  age  of  twenty-one  years,  shall  have  a  ing. 
right  to  vote  in  the  meetings  of  the  same  ;  nnd  if  any 
person,  not  a  member  of  the  society  or  congregation, 
shall  intermeddle  or  vote  in  any  meeting  thereof,  he  shall 
forfeit  and  pay  the  sum  of  two  dollars  and   lifty  cents,  for  Penalty  for 
every  such  offence,  one  half  to  the  complainant  who  shall  voting  without 
prosecute  the  same   to  effect,  and  the  other  half  to  the  r'8 
treasury  of  the  society  or  congregation,  where  the  offence 
is  committed. 

SECT.  9.  Every  society  or  congregation  shall  have  pow-  p°we/ to  Pro 

.,     „    *', ,  J  ~P     ?..  ,.       i        .v     videforsup- 

er  to  provide  for  the  support  ot  public  worship,  by  the  portof  public 

rent  or  sale  of  the  pews  or  slips  in  the  meeting-house*  worship, 
by  the  establishment  of  funds,  or  in  any  other  mode  they 
may  judge  expedient. 

SECT.  10,  Upon  the  refusal,  death  or  removal  of  any  [ow  "Applied, 
officer  of  a  society  or  congregation,  a  meeting  may  be 
called  in  the  manner  prescribed  by  law,  and  the  vacant 
place  be  supplied  by  a  new  choice. 

SECT.  11.  When  there  are  any  lands,  money,  or  other  Est(lte  gjven 
estate,  granted,  given  or  sequestered,  according  to  ancient  for  the  support 
custom,  usage  or  practice,  or  shall  be  hereafter,  given,  jj^ ^"H*}17' 
granted  or  sequestered  for  the  use  and  support  of  the  and  managed, 
ministry,  in  any  society  or  congregation  in  the  state,  then  by  a  commit- 
a  committee  appointed  by  such  society  or  congregation,   ™c°ety  e 
(which  committee  they  are  empowered  to  appoint)  shall 


392 


Title  97.    Spirifeus  Liquors. 


have  powci  to  demand,  recover  and  receive,  and 
care  of  all  such  lands,  money  or  estate,  for  the  use  of 
the  ministry,  according  to  the  true  intent  of  such  grants, 
donations  and  sequestrations,  and  shall  be  accountable 
for  the  profit  and  interest  thereof  to  such  society  or  con- 
gregation ;  and  the  committee  aforesaid,  or  the  major 
part  of  them,  may  make  all  necessary  contracts,  and 
commence  and  prosecute  to  final  judgment,  any  suit  or 
suits,  which  may  be  necessary  for  the  purpose  aforesaid* 
And  such  committee  as  shall,  from  time  to  time,  come  in 
the  room  of  others,  removed  by  death  or  othenvise,  shall 
have  the  same  power  to  enforce  any  contracts,  and  to 
commence  and  prosecute  any  suit  for  the  matters  afore- 
said, as  fully  as  those  whom  they  succeeded  in  office  could 
have  done,  if  not  removed. 

SECT;  12.  When  any  society  is  constituted  of  two  or 
more  adjoining  towns,  so  that  part  of  the  society  in  any 
such  towns  have  distinct  interests  in  any  grants,  donations 
or  sequestrations  for  the  support  of  the  ministry,  then 
such  part  of  the  society  shall  have  the  same  power,  and 
authority  to  manage  the  same,  as  is  hereby  given  to  socie- 
ties ;  and  may,  in  the  same  manner,  warn  meetings  of 
such  part  of  a  society  ;  may  appoint  a  clerk,  who  shall 
be  sworn  in  the  same  manner ;  and  shall  have  the  same 
power,  and  may  appoint  a  committee  to  manage  and 
take  care  of  the  interests  aforesaid,  with  the  same  power 
and  authority  as  is  given  to  the  committees  of  societies, 
who  shall  be  accountable  for  the  rents  and  profits  of  the 
same,  in  the  same  manner. 

SECT.  13.  Christians  of  every  denomination,  not  be- 
longing to  any  particular  society  or  congregation,  shall 
have  power  to  unite  and  form  societies  or  congregations, 
themselves  into  in  such  manner  as  they  may  think  proper  ;  and  when  so 
a  society.          associated,  such  societies  or  congregations  shall  have  all 
the  rights,  powers  and  privileges,  given  by  this  act  to  re- 
ligious societies  and  congregations. 


In  what  ease 
part  of  a  so- 
ciety shall 
have  the  pow- 
er of  a  sooie- 


Christians  not 
belonging  to 
any  society, 
may  form 


TITLE  97T    Spiritous  Liquors. 

An  Act  to  regulate  the  Selling  of  Spiritous  Li- 
quors. 

-    TO  E  it  enacted  by  the  Senate  and  Houst  of  Rep- 

-D  resentatives  in  General  Assembly  convened. 

?eta?ie»-*i     t    That  no  person  or  persons  shall  hereafter  sell,  directly  or 

to  seilwitnOUi    .     T        ,i  •  j.  ,-11    i       •  •,         i.  *~ 

a.  license.         indirectly,  any  wme,  or  any  distilled  spmtous  liquors,  for- 
eign or  domestic,  in  a  less  quantity  than  ten  gallons,  with- 


Title  97.     Spiritous  Liquor.  393 

out  first  having  obtained  a  license  to  be  a  retailer,  in  the 
manner  hereafter  prescribed  in  this  act. 

SECT.  2.  It  shall  be  the  duty  of  the  civil  authority,  in  Meeting  of 

each  town,  to  meet  on  the  first  Monday  of  January,  annu-  fivil  auth.OI;itJr 

r  t     i          i  -i          f     iu     to  approbate 

ally,  to  approve  of  proper  persons  to  be  retailers,  tor  the  retailers. 

year  next  ensuing  ;  and  when  so  met,  the  senior  justice 
present,  shall  be  chairman  of  such  meeting,  unless  some 
other  person  be  by  them  appointed  ;  also,  to  choose  a 
clerk,  to  whom,  before  he  enters  on  the  duties  of  his  of- 
fice, shall  be  administered  the  following  oath  :  "  You  A. 
13.,  being  chosen  and  appointed  clerk  of  the  civil  authori-  Oalh  of  clerk, 
ty,  in  the  town  of  ,  do  swear  that  you  will  truly 

and  faithfully  execute  the  office  to  which  you  are  chosen 
and  appointed  ;  make  true   entries  of  the  proceedings  of 
the  civil  authority,  at  any  of  their  meetings  ;  account  for 
and  pay  over  all  monies  belonging  to  this  state,  received 
by  virtue  of  your  office  ;  and  perform  all  other  duties  in- 
cident to  your  appointment,  according  to  your  best  skill : 
So  help  you  God." — Also,  to  lodge  with  such  clerk,  a  list 
of  persons  by  them  approbated,  certified  by  the  chairman, 
designating  the  place  where,  as  well  as  the  name  or  firm 
under  which  such  person  or  persons  desire  to  retail  ; 
Whereupon  said  civil  authority  shall  grant  a  licence  to 
such  retailer,  signed  by  their  clerk,  in  the  form  follow- 
ing : — "Whereas  the  civil  authority  of  the  town  of        ,  in 
the  county  of        >  in  the  state  of  Connecticut,  reposing 
special  confidence  in  the  integrity,  and  faithfulness   of 
,  to  support  the  laws  of  this  state,  for  the  suppression 
of  an  improper  use  of  spiritous  liquors,  and  having  ap- 
proved of  the  said  according  to  law,  to  be  a  retailer 
of  the  same  :  We,  therefore,  do  give  license  to  the  said 
to  be  a  retailer  of  wines  and  distilled  spiritous  liquors,  ac- 
cording to  the  laws  of  this  state,  at  ,  in  said  town  of 
,  until  the  second  Monday  of  January  next. — Giv- 
en under  my  hand,  this       day  of           .     Per  order,  C. 
D.,  Clerk."     For  which  license  the  retailer  shall  pay 
twenty -five  cents,  and  the  same  shall  be  recorded  by  said 
clerk,  at  full  length,  in  a  book  provided  for  that  purpose. 
And  in  case  any  person  or  persons  desire  to  commence 
the  business  of  retailing  wines,  or  distilled  spiritous  li- 
quors, after  the  meeting  of  the  civil  authority,  on  the  first 
Monday  of  January,  application  may  be  made  to  the 
chairman  or  clerk  of  said  board,  whose  duty  it  shall  be  to 
call  a  special  meeting  of  said  authority,  at  the  expense  of  Special  me* 
the  applicant  or  applicants,  a  majority  of  whom,  when  ingl 
met,  may  grant  license  in  manner  aforesaid. — Provided 
however,  that  before  any  license  be  granted  to  any  re- 
tailer, he  shall  pay,  on  each  license,  to  the  clerk  before 
mentioned,  for  the  use  of  this  state,  a  sum,  at  the  rate  of 


394 

Duty  of  five 
dollars  on  li- 
cense. 


No  person  to 
sell  liquors  to 
be  drunk  in 
his  house,  &c. 


Penalty  for 
selling  with- 
out license. 


This  act  not 
to  affect  tav- 
ern-keepers. 


Duty  of  state's 
attorney  to 
prosecute. 

Disposition  of 
forfeitures. 


Title  98.     Stage-Drivers. 

five  dollars  per  annum,  to  be  computed  from  the  date  of 
said  license,  to  the  second  Monday  of  January  then  next, 
to  be  accounted  for  by  the  tenth  day  of  May,  annually, 
and  be  paid  over  to  the  treasurer  of  this  state,  in  the  same 
manner  as  is  provided  for  the  payment  of  duties  on  writs, 
in  civil  process. 

SECT.  3.  No  license,  granted  in  pursuance  of  this  act, 
shall  be  so  construed  as  to  authorize  any  person  to  sell, 
directly  or  indirectly,  any  wines  or  spiritous  liquors,  mix- 
ed, or  unmixed,  to  be  drunk  in  his  or  her  house,  store, 
shop,  distillery,  or  in  any  other  place  or  dependencies. 

SECT.  4.  If  any  person  or  persons  shall  sell  or  retail 
any  spiritous  liquors,  contrary  to  the  true  intent  and  spir- 
it of  this  act,  without  license  as  aforesaid,  such  person 
shall  forfeit  and  pay  the  sum  of  fifty  dollars — one  half  to 
him  who  shall  give  information,  and  the  other  half  to  the 
use  of  this  state. 

SECT.  5.  Nothing  in  this  act  contained  shall  be  con- 
strued to  prevent  any  keepers  of  taverns,  inns,  or  houses 
of  public  entertainment,  duly  licensed  for  that  purpose, 
agreeably  to  the  laws  of  this  state,  from  vending,  to  be 
really  drunk  within  such  taverns,  or  houses  of  public  en- 
tertainment, any  wines  or  spiritous  liquors  as  before- 
mentioned. 

SECT.  6.  All  suits  and  actions,  grounded  on  this  act, 
shall  be  instituted  and  pursued,  by  thg  attornies  for  the 
state,  in  their  respective  counties ;  and  the  sums  recover- 
ed, exclusive  of  costs,  shall  be  paid,  one  moiety  to  the 
treasury  of  the  state,  and  the  other  to  the  person  who 
shall  have  first  given  information  of  the  offence  to  the  at- 
torney ;  but  if  there  be  no  such  informer,  the  whole  shall 
be  paid  to  the  treasurer  of  the  state. 


When  drivers 
of  carriages 
meet,  how  to 
proceed. 


TITLE  98.     Stage-Drivers. 

An  Act  for  the  regulation  of  Drivers  of  Stages 
and  other  Carriages. 


- 

' 


it  enacted  by  the.  senate  and  House  of  Rep- 
resentatives  in  General  Assembly  convened, 
That  when  the  drivers  of  any  stages,  coaches,  waggons, 
chaises,  sleighs,  cutters,  or  any  other  carriage  for  the 
conveyance  of  persons,  shall  meet  in  the  public  highway, 
and  have  occasion  to  pass  each  other,  it  shall  be  the  du- 
ty of  each  to  turn  to  the  right,  so  as  to  give  the  other  one 
half  of  the  travelled  path,  if  practicable,  and  to  slacken 
their  pace,  so  as  to  give  each  other  a  fair  and  equal  ad- 


Title  99.     Strays.  393 

vantage  to  pass  :  and  if  any  driver  shall  be  guilty  of  a 

breach  of  this  act.  he  shall  forfeit  the  sum  of  fifteen  dol-  Penalty  for 


lars,  one  half  to  him  who  shall  prosecute  to  effect,  and  l^ach  of  this 
the  other  half  to  the  treasury  of  the  town  where  the  of-  ac 

fence  is  committed  :  and  every  driver  shall  be  responsi-  Dnver3  re; 
11  ,,  .    •         ,    ,.        ,/.!       ,  .     r  ,,      spoiisible  for 

bJe  to  the  party  injured,  lor  all  the  damage  occasioned  by  damages, 

his  refusing  to  conform  to  the  provisions  of  this  act. 

SECT.  2.  If  any  driver  of  such  carriages  shall,  by  neg-  When  driver, 
ligence  or  carelessness,  drive,  or  run  his  carriage  against  j^^ef'jfn..1106' 
another  carriage  or  horses  passing  the  highway,  and  con-  other,  he  shall 
forming  to  the  provisions  of  this  act,  and  cause  any  inju^-  pay  treble 
ry  to  such  carriage,  or  any  person  in  it,  or  to  the  horses  ;  dama8es' 
or  shall  drive  or  run  his  carriage  against  any  person  trav- 
elling on  horseback,  or  on  foot,  and  injure  him,  when 
»uch  person  is  not  guilty  of  any  blameable  conduct  to  oc- 
casion it  ;  or  shall  overtake  any  carriage  travelling  the 
same  course,  and  drive  or  run  his  carriage  against  such 
carriage,  and  injure  the  same,  or  any  person  in  it,  or  the 
horses  j  such  driver  shall  be  liable  to  pay  treble  damages 
and  costs  to  the  party  injured.     And  every  driver,  who  Aybcn  b7  de- 
shall  wilfully,  and  wuh  design,  commit  such  injury,  shall,  damages,  and 
in  addition  to  treble  damages  and  costs,  to  be  paid  to  the  a  fine  not  ex- 

party  iniured,  forfeit  to  the  treasury  of  the  state,  a  sum  peedins  one 
,J  u      j      j    j  hundred  dol- 

not  exceeding  one  hundred  dollars,  according  to   the  iars 

nature  and  aggravation  of  the  offence.     And  the  owner  Owners  liable 
or  owners  of  any  stage,  or  other  carriage,  shall  be  liable  to  Pa^  dama- 
to  pay  all  the  damages  recovered  against  the  driver,  by  against  drivers. 
virtue  of  this  act,   if  such  driver  is  unable  to  pay  the 
same,  to  be  recovered  by  writ  of  scire-facias,  before  any 
court  proper  to  try  the  same. 

SECT.  3.  When  any  carriage  of  the  above  description,  Teamsters  to 
shall  meet  or  overtake  a  team   in  the  public  highway, 
and  shall  have  occasion  to  pass  the  same,  it  shall  be  the  to  pass. 
duty  of  the  teamster,  when  necessary  and  practicable, 
to  turn  his  team  so  far  on  one  side  of  the  road,  as  to 
give  such  carriage  an  opportunity  to  pass  by  it  ;  and  every 
teamster,  who  shall  be  guilty  of  a  breach  of  this  act,  shall 
forfeit  seven  dollars,  one  half  to  him  who  shall  prosecute  Penalty  for 
to  effect,  and  the  other  half  to  the  treasury  of  the  town  bl 
where  the  offence  is  committed. 

TITLE  99.    Strays. 

An  Act  relating  to  Stray  Beasts  and  Lost  Goods. 

n     E  it  enacted  bu  the  Senate  and  House  of  Rep- 
SECT.  1.     m^  *.    ~  ,  »         ,,  1i 


*L~~  resentatives  in  General  Assembly  convened,  TjjC  finder  6f  . 
That  whenever  any  person  shall  find  any  stray  beast,  in  a  stray  beasts  or 
suffering  condition,  or  any  lost  goods,  of  the  value  of  fif-  lost  Soods> to 


390 


inform  the 

owner. 


and  cause  a 
description  to 
be  registered 
by  the  town- 
clerk  ; 


or  advertised 
in  a  news-pa- 
per. 


Penalty 


Owner  claim- 
ing in  six 
months,  lo 
have  restitu- 
tion ; 


otherwise  to  be 
appraised. 


Owner  appear- 
ing in  six 
months  after, 
to  have  goods, 
&c.  or  the  val- 
ue. 


No  owner  ap- 
pearing in 
twelve  months, 
goods,  &c.  how 
disposed  of. 


Titled.     Strays. 

iy  cents,  he  may  take  the  same  into  his  possession,  and 
shall  immediately  inform  the  owner  thereof,  if  known  : 
and  if  the  owner  thereof,  be  not  known,  and  the  value  01 
such  beast  or  goods,  be  not  greater  than  five  dollars,  the 
finder,  or  keeper  thereof,  shall,  within  fourteen  days,  al- 
ter taking  such  beast  or  goods  into  his  possession,  cause  u 
description  of  such  beast  or  goods,  with  the  natural  and 
artificial  marks  thereof,  and  the  place  where  the  sam< 
were  found,  and  by  whom  kept,  to  be  registered  by  th« 
town-clerk,  of  the  town,  wherein  the  said  beast  or  goods 
shall  have  been  found  ;  but  if  the  value  of  such  beast  or 
goods,  be  greater  than  five  dollars,  the  finder  or  keeper 
thereof,  shall,  within  the  time  aforesaid,  cause  a  descrip 
tion  thereof,  as  aforesaid,  to  be  inserted  in  a  newspaper, 
printed  in  a  town  nearest  the  piece  where  such  beast  or 
goods  shall  have  been  found  ;  and  if  any  person,  who  shall 
find,  or  take  such  beast  or  goods  into  his  possession,  shall 
not  inform  the  owner  thereof ;  or  cause  a  register  or  ad- 
vertisement thereof  to  be  made,  as  aforesaid  ;  he  shall  for- 
feit the  value  of  such  beast  or  goods,  one  half  to  him  who 
shall  complain  of  and  prosecute  the  said  finder  or  keeper 
to  effect,  and  the  other  half  to  the  treasury  of  the  said 
town. 

SECT.  2.  And  if  the  owner  of  such  beast  or  goods  shall, 
within  six  months,  after  such  information,  or  registering, 
or  advertising,  appear  and  make  good  his  title  or  claim,  to 
such  beast  or  goods,  he  shall  have  restitution  thereof, 
upon  paying  to  the  finder  or  keeper,  all  proper  charges 
about  the  same,  to  be  assessed,  when  the  owner  and  finder 
or  keeper,  cannot  agree,  by  any  justice  of  the  peace, 
qualified  to  judge  between  the  parties. 

SECT.  3.  And  if  no  owner  shall  appear,  within  the  said 
six  months,  when  such  beast  or  goods  shall  have  been 
registered,  or  advertised  as  aforesaid,  the  town-clerk,  or 
a  justice  of  the  peace,  shall  then  appoint  two  judicious, 
disinterested  persons,  who  shall,  under  oath,  appraise 
such  beast  or  goods,  according  to  the  then  just  and  true 
value  thereof,  in  money. 

SECT.  4.  And  if  the  owner  shall  appear,  within  six 
months  after  such  appraisement,  and  make  good  his  right 
or  claim  to  such  beast  or  goods,  and  pay  all  proper  char- 
ges about  the  same,  to  be  assessed  as  aforesaid,  he  shall 
have  restitution  of  the  same,  or  the  value  thereof,  accord- 
ing to  said  appraisement,  at  the  election  of  the  finder,  or 
keeper. 

SECT.  £.  And  if  no  owner  shall  appear,  within  twelve 
months,  and  a  day,  after  the  registering,  or  advertising  of 
such  beast  or  goods,  as  aforesaid,  the  value  thereof,  ac- 
cording to  said  appraisement,  after  all  proper  charges  arc 


Title  100.     Surveyors.  3$? 

deducted,  shall  belong  to  the  treasury  of  the  town  where 
such  heast  or  goods  shall  have  been  found  ;  and  the  se- 
leci-rnen  of  such  town,  are  hereby  empowered  to  recov- 
er and  receive  the  same,  for  the  use  of  said  town. 

SECT.  6.  If  the  finder  or  keeper  of  such  stray  beast  or  Goods,  kc.  to 
lost  goods,  shall  be  faithful  in  taking  care  of  the  same,  such  ^  ^J^f  0 
beast  or  goods  shall  be  at  the  risque  of  the  owner  thereof,  "rsl™* 
during  the   six  months,   next  after  the  same  shall  have 
been  informed  of,  or  registered,  or  advertised,  as  afore- 
sajd. 

TITLE  100.     Surveyors. 
An  Act  for  the  appointment  of  Surveyors-. 

^  it  enacted  by  the  Senate  and  House  ofRep- 
resentatives,  in  General  Ass  einbly  convened, 
That  a  surveyor-general  shall  be  appointed,  by  the  gene-  Survey  dr-geu- 
ral  assembly,  whose  duty  it  shall   be  to  superintend  the  eia  ' 
surveying  of  land  in  this  state,  according  to   the  provis- 
ions of  this  act,  and  who  shall  have  power  to  appoint  a 

deputy  in  each  county,  except  that  to  which  he  belongs,  wfao  may  aP* 
,         -J    f.  ,  •         j  '  point  deputies 

for  the  purpose  hereinafter  mentioned. 

SECT.  2.  The  surveyor-general,  and  his  deputies,  shall, 
at  all  times,  have  and  keep  a  field  compass,  on  the  im-  Tjjejr  juty  to 
proved  plan  of  the  Rittenhouse  compass,  for  a  standard  keep  standard 
compass,  in  their  respective  counties  ;  and  they  shall  ex-  co?p*?s>  and 
aminc  all  compasses  presented  to  them,  by  any  county-  se 
surveyor,  in  their  respective  counties,  by  such  standard 
compass,  or  otherwise,  and  shall  seal  such  as  are  found 
essentially   correct,  with  the  capital  letter  C.  and  that 
which  begins  the  name  of  the  county  ;  and  if  any  county- 
surveyor  shall   use  any  compass,  which  shall  not  have 
been  examined,  and  sealed  as   aforesaid,   or  any  chain 
that  shall  not  have  been  examined  and  sealed,  according 
to  the  provisions  of  the  statute,  entitled,  "  An  Act  pre-  Penalty 
scribing  and  regulating  Measures,"  shall  be  liable  to  a 
penalty  of  five  dollars  ;  one  half  to  him  who  shall  prose- 
cute to  effect,  and  the  other  half  to  the  town,  where  the 
offence  is  committed.     And  the  surveyor-general,  or  his 
deputy,  who  shall  neglect  his  duty  herein,  shall  be  liable 
to  the  like  penalty,  to  be  recovered  and  applied  in  the 
same  manner, 

SECT.  3.  The  county  courts,  in  their  respective  coun-  County  §uc- 
ties,  shall  appoint  one  or  more  persons  in  each  county,  veyore. 
to  be  a  county-surveyor,  or  surveyors,  who  shall  have 
power  to  lay  out  lands,  to  renew  the  bounds  of  lands  al-  Their  power 
ready  laid  out,  according  to  their  original  grants,  to  nan 

52 


Title  101.     Taverns. 


Powers  of 
surveyor-gen- 
eral, and  bis 
deputies. 


Compensation. 

Surveyor-gen- 
eral to  solve 
questions  of 
practice. 


Surveyors  may 
administer 
oath  to 
,  chain-men. 


May  pass  on 
the  lands  of 
others,  and  not 
be  guilty  of 

trespass. 


lines,  to  survey  and  measure  land,  and  to  do  any  oilier 
service  proper  for  a  surveyor  to  do  ;  and  who  shall  take 
the  oath  prescribed  by  law  :  Provided,  that  no  person 
shall  be  appointed  a  county  surveyor,  unless  he  produce 
a  certificate  from  the  surveyor-general,  or  his  deputy, 
within  the  county,  that  he  is  duly  qualified,  in  point  of 
science,  in  the  art  of  surveying  lands,  in  the  most  approv- 
ed method  :  and  the  surveyor-general,  and  his  deputies, 
shall  be  entitled  to  one  dollar  for  their  services,  from 
those  who  employ  them,  to  examine  and  certify  their  sci- 
ence in  surveying,  and  to  examine  and  seal,  or  condemn, 
their  field  compasses,  as  in  this  act  required. 

SECT.  4.  The  surveyor-general  shall  have  power,  as 
a  public  officer,  to  survey  land  in  any  county  in  the  state ; 
and  the  deputy-surveyors,  and  county  surveyors,  in  the 
county  for  which  they  are  respectively  appointed  5  and 
each  of  them  shall  be  entitled  to  one  dollar  and  fifty  cent: 
per  day,  for  their  services,  besides  their  expenses. 

SECT.  5.  It  shall  be  the  duty  of  the  surveyor-general  to 
give  his  aid,  assistance,  and  counsel,  in  solving  all  doubts 
and  questions,  that  may  arise  in  practice,  between  any 
two  or  more  surveyors,  according  to  the  rules  of  the  art ; 
for  which  service  he  shall  be  entitled  to  two  dollars  per 
day,  from  those  who  employ  him. 

SECT.  6.  Whenever  any  surveyor  is  employed  in  sur- 
veying lands,  in  laying  out  lands,  in  renewing  lost  bound- 
aries, in  running  lines,  or  doing  any  service  in  his  office, 
and  there  shall  be  occasion  to  employ  men  to  carry  the 
chain,  such  chain-men  shall  take  the  oath  prescribed  by 
law  ;  and  such  surveyor  shall  have  power  to  administer 
the  same. 

SECT.  7.  When  a  surveyor  is  called  out  to  run  any  line- 
between  adjoining  proprietors,  and,  in  order  to  find  the 
course,  from  bound  to  bound,  he  is  obliged  to  run  a  ran- 
dom line,  to  find  the  certain  and  true  course,  and  in  so 
doing,  runs  on  the  land  of  adjoining  proprietors,  such 
surveyor  shall  not  be  deemed  guilty  of  a  trespass,  in  so 
running  such  random  line,  but  may  lawfully  do  the  same  ; 
provided  it  be  done  in  the  months  of  March,  April,  Octo- 
ber or  November. 


How  tavern- 
keepers  shall 


TITLE  101.       Taverns. 

An  Act  for  Licensing  and  Regulating  Taverns, 
and  Suppressing  unlicensed  Houses. 

)^^  enacted,  by  the  Senate  andHouse  of  Rep  - 
|_3  resentatives,  in  General  Assembly  convened, 
That  the  civil  authority,  select-men,  constables  and 
grand-jurors,  in  the  several  towns  in  the  state,  shall  c<>' 


Title  101.     Taverns: 

\ene.  some  lime  in  the  month  of  January,  annually,  and  be  nominated 
shall,  by  their  major  vote,  nominate  such  person  or  per-  and  licensetl 
sons,  as  they  shall  judge  tit  and  suitable,  to  keep  an  house 
or  houses  of  public  entertainment,  in  such  town,  for  the 
year  ensuing.  And  if -any  of  the  persons,  so  nominated, 
shall  die,  or  refuse  to  take  out  license,  or  be  denied  li- 
cense by  the  county  court,  or  shall  remove  from  the 
town,  or  be  legally  suspended,  or  the  civil  authority  and 
other  officers,  shall  judge  it  to  be  matter  of  public  con- 
venieney  and  necessity  to  add  to  the  number  nominated 
in  January,  they  may.  at  any  other  time  within  the  year, 
convene,  and,  by  their  major  vote,  nominate  any  suitable 
person  or  persons,  for  that  purpose  5  which  nomination, 
certified  under  the  hands  of  a  majority  of  the  civil  author- 
ity and  select-men,  in  such  town,  shall  be  transmitted  by 
them  to  the  next  county  court  in  the  county  ;  which  court 
shall  grant  licenses  to  such  and  so  many  of  such  person  - 
as  they  shall  judge  to  be  suitable  and  necessary  to  keep 
houses  of  public  entertainment,  and  to  no  others  :  and  , 
shall  take  a  bond  to  the  treasurer  of  the  county,  in  th- 
surn  of  seventy  dollars,  from  every  person  to  whom  li- 
cense shall  be  granted,  for  the  due  observance  of  all  the 
laws,  that  are  or  shall  be  made  respecting  tavern-keep- 
ers, or  houses  of  public  entertainment.  Which  licenses, 
granted  to  persons  nominated  in  January,  shall  be  in 
force  for  one  year,  and  no  more  ;  and  the  licenses  grant- 
ed to  persons  nominated  at  a  subsequent  time,  shall  ex- 
pire at  the  same  time  as  those  granted  to  persons  nomina- 
ted in  January.  , 

SECT.  2.  No  licensed  tavern-keeper  shall  siiiU-r  mi-  Not  to  suffer 
nors,  apprentices,  or  servants,  to  sit  drinking  in  his  house,  j™-",^  t0j*i<: 
or  to  have  any  spiritous  liquors,  on  pain  of  forfeiting  one  their  houses. 
dollar  for  every  such  offence. 

SECT.  3.  No  licensed  tavern-keeper,  shall  suffer  any  Norinhabit- 
ofthe  inhabitants  of  the  town  to  sittipling,  or  drinking  io  a^,snoft 
.    excess,  in  his  house,  or  any  of  its  dependencies,  on  pen- 
alty of  one  dollar,  for  every  such  oilence. 

SECT.  4.  "No  licensed  tavern-keeper  shall  sell  to  any  Not  to  sell  li- 
persons,  any  spiritous  liquors,  on  the  Lord's  day,  (ex- quors,  or  per- 
*  ccpt  to  strangers  and  boarders.)  nor  permit  any  persons  ™t''hceTho!!se? 
to  meet  in  company  or  companies    at  his  house  on  the  on  Lord's  day. 
Lord's  day,  or  any  fast  day,  on  penalty  of  seven  dollars, 
for  every  such  offence. 

SECT.  5.  No  licensed  tavern-keeper  shall  keep  in  his  Not  to  keep 
house  or  any  of  its  dependencies,  any  cards,  dice,  tables,  ^yTifg"  In" 
billiards,  or  other  implement,  used  in  gaming;  nor  suffer  suflerit    ' 
any  person  to  play  at  such  games,  or  any  unlawful  game, 
in  his  house,  or  its  dependences ;  on  pain  of  forfeiting 
seven  dollars,  for  every  such  offence":  and  the  forfcitn  res 


400 


Civil  authori- 
ty and  select- 
men, may  ad- 
monish tavern 
keepers. 


May  revoke 
license. 


Right  of  ap- 
peal. 


No  person  to 
keep  tavern, 
without  li- 
cense. 


Penalty, 


Informing  offi- 
cers to  make 
presentment  of 
breaches  of  this 
act. 


,-'       4  .»• 

Title  101.     Taverns. 

.  K  /•;;.,. 

aforesaid,  shall  be,  to  the  treasury  of  the  town  where  thtf 
offence  is  committed. 

SECT.  6.  It  shall  be  the  duty  of  the  civil  authority  and 
select-Mien,  to  inspect  the  conduct  of  the  tavern-keepers, 
in  their  respective  towns  ;  and  when  it  shall  appear  to 
them,  by  their  own  observation,  or  the  information  of  oth- 
ers, that  any  tavern-keeper  docs  not  duly  observe  the  laws 
regulating  houses  of  public  entertainment,  but  suffers 
drinking,  gambling,  disorders,  and  irregularities  to  be 
practised,  contrary  to  law,  they,  or  a  major  part  of  them, 
may  cite  such  tavern-keeper  to  appear  before  them,  and 
examine  him  with  regard  to  the  matters  aforesaid,  by  any 
proper  evidence  ;  and  if  they  find  him  in  fault,  they  may 
admonish  him  to  refrain  from  such  misconduct,  on  pain 
that  his  license  shall  be  vacated :  and  if  such  tavern- 
keeper  shall  disregard  such  admonition,  and  persist  in 
his  disobedience  to  the  law,  such  civil  authority  and  se- 
lect-men, or  a  major  part  of  them,  may  revoke  and  set 
aside  his  license ;  and  shall  cause  a  copy  of  such  revoca- 
tion, under  their  hands,  to  be  left  with  such  tavern-keep- 
er, and  to  be  posted  on  the  public  sign-post  in  said  town  ; 
upon  which  he  shall  no  longer  have  right  to  keep  a  house 
of  public  entertainment :  Provided,  that  such  tavern- 
keeper  shall  have  a  right  to  appeal  to  the  next  county 
court,  in  the  county,  who,  after  due  enquiry  into  the  facts, 
may  set  aside,  or  confirm  such  revocation,  as  them  shall 
appear  just  and  proper. 

SECT.  7.  No  person  or  persons,  except  such  as  are  du- 
ly licensed  to  keep  houses  of  public  entertainment,  ac- 
cording to  the  provisions  of  this  act,  shall  be  a  common 
victualler,  or  tavern-keeper,  or  shall  sell,  to  be  drunk 
within  his  or  her  house,  shop,  or  dependencies,  or  suffer 
there  to  be  drunk,  when  by  him  or  her  sold,  any  metheg- 
lin,  wine,  rum,  brandy,  gin,  or  other  strong  liquor,  on 
penalty  of  forfeiting  and  paying  the  sum  often  dollars,  for 
the  first  offence,  and  the  sum  of  twenty  dollars,  for  the 
second  offence,  and  so  double  for  every  breach  of  this 
act,  of  which  he  or  she  shall  be  convicted,  one  half  to  him 
who  shall  prosecute  to  effect,  and  the  other  half  to  the 
treasury  of  the  town  where  the  offence  is  committed. 
And  no  person  shall  buy  and  drink  any  metheglin,  wine, 
rum,  brandy,  gin,  or  other  strong  liquor,  in  any  house, 
shop,  or  dependence,  of  any  person  not  duly  licensed  to 
keep  a  house  of  public  entertainment,  upon  the  same 
penalty  as  is  inflicted,  for  selling  liquors,  by  this  act.  And 
it  shall  be  the  duty  of  constables,  and  all  informing  offi- 
cers, to  make  presentment  of  all  breaches  of  this  act,  in 
which  case  the  whole  penalty  shall  belong  to  the  treasury 


title  102.      Taxes.  401 

'.; :  9k 

6f  the  town.  And  all  presentments  or  actions,  for  the 
first  offence,  against  this  act,  may  be  heard  and  deter- 
mined, hj  a  justice  of  the  peace. 

TITLE  102,     Taxes. 

CHAP.  I. 

An  Act  for  the  Assessment  of  Taxes. 
,    T      T>  E  it  enacted  by  the  Senate,  and  House  of  Ren- 

bLCT.    1.       |-V  .         V.      „  ,    -  J         1 

iLJ9  resentatives  in  (jreneral  Assembly  convened, 
That  the  select-men  of  each  town  in  the  state,  shall  warn  To.wns  to  ap- 
a  town-meeting,  to  be  held  on  or  before  the  first  Monday  Ss'an^uall^ 
in  October,  in  each  year,  at  which  meeting,  one  or  more 
judicious  electors,  not  exceeding  five,  shall  be  chosen  as- 
sessors, whose  duty  it  shall  be  to  receive  the  lists  of  the  Theirduty 
inhabitants  of  the  town,  containing  all  their  taxable  pro- 
perty, and  make  the  assessments  and  valuations,  by  law 
required.  The  assessors,  so  chosen,  shall,  by  posting  no- 
tice on  the  sign-posts  of  their  respective  towns,  or  by 
publishing  the  same  in  some  newspaper,  printed  in  the 
town  to  which  they  belong,  require  of  all  persons,  liable 
to  pay  taxes,  in  their  respective  towns,  at  least  five  days 
before  the  twentieth  day  of  October  annually,  written  or 
printed  lists,  of  all  taxable  property,  belonging  to  such 
persons,  on  the  first  day  of  said  October,  with  the  particu- 
lars of  all  property,  real  and  personal,  liable  to  be  assess- 
ed and  valued  ;  and  the  assessors  shall  obtain  such  other 
information,  by  viewing  the  premises,  or  otherwise,  as 
may  be  deemed  expedient  and  necessary,  to  amend,  add 
to,  and  fill  up  said  lists.  And  in  case  any  person,  liable 
to  pay  taxes,  shall,  after  notice  given  as  aforesaid,  neglect 
or  refuse  to  give  or  send  to  the  assessors,  a  written  or 
printed  list  of  all  his  taxable  property,  on  or  before  the 
twentieth  day  of  said  October,  it  shall  be  the  duty  of  said 
assessors  to  fill  out  a  list  for  such  person  so  neglecting  or 
refusing,  at  three-fold  the  rate  per  cent  or  amount  that  the 
taxable  property  of  such  person  would  otherwise  have 
been  rated.  And  When  the  lists  of  any  town  are  so  re- 
ceived, or  made  by  the  assessors,  it  shall  be  their  duty  to 
value  and  equalize  the  property  liable  to  be  assessed,  and 
to  make  other  assessments  by  law  required,  and  arrange 
said  lists  in  alphabetical  order,  make  out  an  abstract 
thereof,  and  lodge  the  same  in  the  town-clerk's  office  of 
said  town,  by  the  first  day  of  December,  in  each  year ; 
and  the  town-clerk  shall  exhibit  said  lists  and  valuations, 
to  the  inspection  of  every  person  liable  to  pay  taxe%, 


402 

Board  of  re- 
lief. 


Their  duty. 


Duty  of  town- 
clerk. 


Penalty  for 

heglect. 


Real  estate  to 
be  set  in  the 
list  at  three 
per  cent. 


Personal  es- 
tate, at  six 
per  cent. 


Title  102.     Taxes. 

m 

when  thereto  requested.  The  several  towns  in  the  si 
shall,  also,  at  the  town-meetings  aforesaid,  elect  a  board 
of  relief,  to  consist  of  not  more  than  five  judicious  elect- 
ors, who  shall  meet  on  or  before  the  first  Monday  of  Jan- 
nary,  in  each  year,  having  given  ten  days'  notice,  at  least, 
of  the  time  and  place  of  such  meeting,  by  posting  the  same 
on  the  public  sign-post  in  such  town,  or  by  publishing  no- 
tice in  some  public  news-paper,  printed  in  the  town  to 
which  the  said  board  shall  belong  ;  and  shall  hear  and  de- 
termine all  appeals  to  them  made  from  the  doings  of  the 
assessors,  and  shall  equalize  and  adjust  the  valuations  and 
assessment  lists  of  their  respective  towns,  whether  ap- 
peals are  made,  or  not,  from  the  doings  of  said  assessors  ; 
and  said  board  of  relief,  in  equalizing  and  adjusting  the 
lists  aforesaid,  may  increase  or  reduce  the  list  of  any  per- 
son ;  but  before  they  proceed  to  increase  the  list  of  any 
person,  they  shall  notify  him,  or  leave  a  written  notice  at 
his  last  usual  place  of  residence,  two  days  at  least,  before 
increasing  his  list,  to  appear,  and  shew  cause,  if  any  he 
have,  why  his  list  should  not  be  increased.  And  the  town- 
clerk  of  each  town  shall,  after  said  lists  have  been  re- 
ceived, examined  and  corrected,  by  the  board  of  relief, 
transmit,  by  mail,  or  otherwise,  an  abstract  of  said  lists  to 
the  comptroller,  by  the  first  day  of  March,  in  each  year  ; 
which  abstract  sliall  be  made  out  agreeably  to  a  form  to 
be  furnished  by  the  comptroller,  to  the  several  town- 
clerks.  And  the  comptroller  hereby  is  required  to  fur- 
nish blank  forms  to  the  several  town-clerks,  on  or  before 
the  first  of  January,  in  each  year,  of  the  returns  required 
of  the  town-clerks  to  be  made  to  him  as  aforesaid.  And 
if  any  town-clerk  shall  neglect  to  transmit  an  abstract  of 
said  lists  to  the  comptroller,  by  the  time  aforesaid,  he 
shall  forfeit  and  pay  to  the  treasurer  of  the  state,  the  sum 
of  fifteen  dollars,  to  be  recovered  before  any  court,  pro- 
per to  try  the  same. 

SECT.  2.  All  real  estate  taxable  by  law,  [viz.  lands. 
dwelling-houses,  with  the  buildings  appurtenant  thereto  : 
mills  ;  stores ;  distilleries ;  and  buildings  with  their  im- 
provements, used  for  manufactories,  of  all  kinds ;  lands 
and  dwelling-houses,  with  the  appurtenances  thereof, 
which  have  heretofore  been  granted  or  sequestered  for 
the  use  of  schools,  or  other  public  or  pious  uses,  and 
which  haVe  been  leased  or  let  for  terms  bf  time  not  yet 
expired,  at  rents  merely  nominal ;]  shall  be  set  in  the  list 
at  three  per  cent  of  the  fair  value  thereof  in  money.  And 
all  personal  estate  by  law  taxable,  [viz.  horses,  asses  and 
mules,  one  year  old  or  more  ;  neat  cattle,  one  year  old 
or  more ;  silver  plate,  except  spoons,  and  silver  plated 
ware  :  clocks.  watrhe=  and  time-piece? :  cwarhe:-.  char 


Title  102.     Taxes.  104 

lots,  ph;etons.  eoachees,  curricles,  chairs,  chaises,  gigs  or 
sulkeys.  and  every  other  carriage  or  waggon,  drawn  by 
one  or  more  horses,  excepting  only  such  as  are  exclusive- 
ly used  on  farms,  or  for  the  transportation  of  the  produce 
thereof  to  market,  or  for  the  transportation   of  goods, 
A\  aivs  and  merchandize  ;]  shall  be  set  in  the  list  at  six 
per  cent  of  the  fair  value  thereof  in  money.     And  all  Turnpike  stock 
stock  in  turnpike  companies  shall  be  set  in  the  list  at  six  at  six  per  cent.' 
per  cent  of  the  fair  value  thereof  in  money. 

The  owner  or  owners  of  stock  in  any  bank,  or  insur-  Bank  and  in- 
ance  company,  in  this  state,  whether  such  owners  reside  st 
in  this  state  or  elsewhere,  and  the  owner  or  owners  of 
any  stock  in  any  bank  or  insurance  company,  in  any  of 
the  United  States,  such  owner  or  owners  residing  in  ihi 
state,  shall  be  taxed  therefor,  and  such  stock  shall  be 
valued,  and  set  in  the  list,  at  six  per  cent  of  such  value  : 
provided  it  is  not  taxed  in  the  state  where  such  bank  or 
insurance  company  is  situated.  And  the  cashiers  of  the  Cashiers  to  in- 
several  banks,  and  the  secretaries  and  clerks  of  the  sev-  form. 
eral  insurance  and  turnpike  companies,  established  in  this 
state,  shall,  by  the  twelfth  day  of  October,  annually,  hav- 
ing been  previously  thereto  requested,  inform  by  mail,  or 
otherwise,  the  assessor  or  assessors  of  every  town  in  this 
state,  where  the  stock  in  such  bank  or  company  may  by 
law  be  liable  to  be  taxed,  the  amount  of  such  stock  liable 
to  be  taxed  in  such  town,  with  the  amount  of  such  stock 
set  to  the  name  of  each  owner  or  owners  on  the  books  of 
such  bank,  or  insurance,  or  turnpike  company,  on  the 
first  day  of  October,  annually  :  and  if  any  cashier,  secre-  ]^alty  for  re" 
tary  or  clerk,  shall  neglect  or  refuse  to  furnish  such  in- 
formation, he  shall  forfeit  and  pay  to  the  treasurer  of  each 
town  where  said  stock  is  liable  to  be  taxed,  whose  assessor 
or  assessors  shall  not  be  so  informed,  the  sum  of  fifty  dol- 
lars, to  be  recovered  in  an  action  of  debt,  in  the  name  of 
the  town-treasurer.  The  stock  belonging  to  persons  not 
residing  in  this  state,  in  any  bank,  insurance  or  turnpike 
company,  shall  be  taxed  as  other  similar  estate  ;  and  the 
amount  of  all  county,  town,  and  society  taxes  arising  on 
such  non-resident's  estate,  shall  be,  by  the  several  col- 
lectors, paid  to  the  treasurer  of  this  state. 

The  stock  of  the  United  States'  bank,  and  the  stock  of  J2£JtSgM 
either  of  the  United  States,  belonging  to  residents  in  this  and  stock  of 
state,  shall  be  assessed  at  its  just  value,  and  set  in  the  list,  ^vsidual 
at  six  per  cent  of  such  value. 

All  monies  at  interest,  secured  by  notes  or  bonds  of  Money  at  u 
responsible  persons,  resident  in  this  state,  or  elsewhere,        £ 
except  monies  loaned  to  this   state,  and  all  monies  on 
interest,  secured  by  mortgage  on  real  estate  in  this  state, 


104 


Title  102.     Taxes. 


Fisheries. 


Polls  ; 

one  tenth  part 
to  be  abated. 


Exemption  of 
polls. 


or  elsewhere,  more  than  the  owners  thereof  pay  interest 
for,  shall  be  set  in  the  list  at  six  per  cent. 

All  fisheries,  whether  appendages  of  any  farm  or  lot,  or 
block,  or  wharf  made  for  the  purpose  of  fishing,  shall 
be  valued,  and  set  in  the  list,  at  three  per  cent  of  such 
value. 

The  polls  of  all  white  male  persons  from  twenty-one 
to  seventy  years  of  age,  shall  be  set  in  the  list  at  thirty 
dollars,  each :  provided,  that  the  assessors  and  board  of 
relief  may  abate  the  polls  of  infirm,  sick  and  disabled 
persons,  in  their  respective  towns,  not  exceeding  one 
tenth  part  of  the  number  of  taxable  polls  :  and  they  shall 
give  reasonable  notice  of  their  time  of  meeting  for  that 
purpose, 

SECT.  3,  The  polls  of  ministers  of  the  gospel,  of  all  de- 
nominations, during  the  time  of  their  ministry,  instruc- 


Military  musi- 
cians. 


Ministers  ofthe  tors  and  students  in  colleges,  and  incorporated  acade- 
gospel,  &c.  rnies,  shall  be  exempted  from  taxation  -,  and  the  polls  of 
Officers  and  the  officers  and  privates  of  the  militia  companies  shall 
privates  of  the  be  exempted  from  taxation,  during  the  time  of  their 
mihtia.  being  liable  by  law  to  do  duty  in  their  respective  com- 

panies :  Provided,  each  person  liable  to  do  military  duty 
as  aforesaid,  claiming  the  benefit  of  this  act,  shall  produce 
a  certificate  from  the  commanding  officer  of  the  company 
to  which  he  belongs,  on  or  before  the  twentieth  day  of 
October,  in  each  year,  that  he  is  equipped  according  to 
law,  and  dressed  in  uniform,  and  has  performed  military 
duty  according  to  law,  during  the  year  preceding,  or  has 
been  prevented  from  doing  the  same,  by  sickness,  bodily 
infirmity,  or  other  reasonable  cause.  The  polls  of  drum 
and  fife  majors  and  musicians  belonging  to  the  respective 
regiments,  duly  equipped  and  dressed  in  uniform,  shall  be 
exempted  from  taxation  during  the  time  they  perform 
duty  as  such  in  the  militia  of  this  state :  provided  that 
each  person  claiming  the  benefit  of  this  provision  shall 
produce  a  certificate  from  the  commanding  officer  of  the 
regiment  or  company,  in  which  such  duty  is  performed, 
on,  or  before  the  twentieth  day  of  October,  in  each  year, 
that  he  is  equipped  and  dressed  in  uniform,  and  has  per- 
formed military  duty,  at  all  times,  when  required,  during 
the  year  next  preceding, 

SECT.  4.  Attornies,  physicians,  surgeons,  traders  of  all 
kinds,  mechanics,  taverners,  brokers  and  distillers,  shall 
be  assessed,  and  set  in  the  list  of  the  town  where  they 
reside,  at  the  discretion  of  the  assessors,  according  to  the 
value  and  income  of  their  business,  occupation  or  profes- 
sion, and  the  principles  and  rules  prescribed  in  this  act : 
Provided,  thatattornies,  physicians  and  mechanics  shall 


Professions. 


Title  102.     Taxes.  405 

uot  be  taxed  until  after  two  years  from  the  time  of  com- 
mencing such  profession  or  occupation. 

SECT.  5.  All  manufacturers,  not  otherwise  assessed  by  MamifaBtuv- 
this  act,  shall  be  assessed,  on  the  same  principles,  and  ers' 
set  in  the  list  in  the  same  manner,  as  traders  and  me- 
chanics are,  by  the  preceding  section  of  this  act ;  ex- 
cepting workmen,  exclusively,  and  constantly,  employed 
in  the  manufactures  of  woolen  and  cotton  cloths  from 
the  raw  materials,  and  in  which  woolen  and  cotton  cloths 
are  made  and  finished  from  the  raw  materials,  which  shall 
be  exempted  from  the  poll-tax  and  military  duty,  till  the 
rising  of  the  general  assembly  which  shall  be  holden 
on  the  first  Wednesday  of  May,  one  thousand  eight  hun- 
dred and  twenty-five  :  and  the  building,  machinery  and 
land,  not  exceeding  five  acres,  belonging  to  each  es- 
tablishment, shall  be  exempted  from  assessment  during 
the  same  period. 

SECT.  G.  The  houses  and  lands,  with  the  appurtenan-  Certain  real 
ces  thereof,  belonging  to  the  United  States,  or  to  this 
state,  the  houses  and  buildings  with  the  appurtenances 
thereof,  belonging  to  any  county,  town,  city  or  borough, 
and  the  buildings  occupied  as  colleges,  academies,  school- 
houses,  churches  or  infirmaries  shall  be  assessed,  set  in 
separate  lists,  and  exempted  from  taxation. 

SECT.  7.  The  taxable  property  of  non-residents  shall  Non-residents 
be  arranged  in  separate  assessments  lists,  and  valued,  by  /s^/fcj- $. 
the  assessors,  from  the  best  information  to  be  obtained, 
with  or  without  the  written  lists  of  the  owners. 

SECT.  8.  All  personal  estate  in  the  hands  of  trustees  Trustees 
shall  be  set  in  the  list  of  the  town  where  such  trustee,  or 
acting  trustee,  lives  ;  but  if  such  trustee   does  not  live 
in  this  state,  then  such  property  shall  be  set  in  the  list  in 
the  town  where  the  person  lives,  for  whose  use  suchprop- 
erty  is  held  in  trust.     The  taxable  estate  of  married  wo-  Married  wo 
men,  shall  be  set  in  the  lists  of  their  husbands  ;  and  all  n 
real  estate  shall  be  set  in  the  list  of  the  owner  or  posses- 
sor, and  shall,  at  all  times,  be  and  remain  liable  for  the 
payment  of  the  taxes  levied  thereon,  with  the  costs  of  col- 
lection, until  the  same  be  paid. 

SECT.  9.  If  any  person  liable  by  this  act  to  pay  taxes, 
shall  give  or  send  to  any  assessor  a  written  list,  and  there- 
in omit  taxable  property,  or  under-rate  the  quantity  or 
kind,  with  intent  to  avoid  paying  a  due  proportion  of  tax- 
es, it  shall,  in  such  cases,  be  the  duty  of  the  assessors  to 
add  such  property  to  the  list  of  the  person  so  offending, 
at  three-fold  the  rate  per  cent  on  amount  that  such  taxa- 
ble property  is  rated  in  this  act.  When  the  assessors 
shall  omit  to  assess  and  set  in  the  list,  the  taxable  estate 
of  any  person,  bv  the  first  of  December,  and  such  estat§ 

53 


406 


Title  102,     Taxes. 


-shall  afterwards  be  discovered,  then  the  board  of  relief 
shall  value  the  same,  and  set  it  in  the  list  at  three-fold  the 
rate  per  cent  or  amount  that  the  same  kind  of  property 
is  rated,  unless  the  owner  can  shew,  that  it  was  omitted 
by  mistake,  in  which  case,  it  shall  be  set  in  the  list  at  the 
same  rate  as  if  it  had  not  been  omitted  ;  and  where  a  poll 
shall  be  omitted,  the  board  of  relief  shall  set  it  in  the 
list. 

Hoard  of  SECT.  10.  The  treasurer  and  comptroller  for  the  time 

equalization,  being  shall  constitute  a  board  of  equalization,  and  shall 
meet,  annually,  on  the  second  Tuesday  of  March,  and 
shall  equalize  and  adjust  the  assessment  list  of  the  several 
articles  of  taxable*  property,  which  compose  the  lists  of 
the  towns,  by  either  adding  to,  or  deducting  from,  the  list 
of  any  town,  or  any  part  thereof,  such  sum  per  cent,  as 
in  their  opinion  will  equalize  the  same,  when  compared 
with  the  valuations  of  other  towns.  And  said  lists,  after 
they  have  been  equalized  and  adjusted,  by  said  treasurer 
and  comptroller,  shall  constitute  the  general  list  of  the 
state.  And  in  case  the  board  of  equalization  shall  add 
to,  or  deduct  from,  the  list  of  any  town,  it  shall  be  the 
duty  of  the  comptroller  to  notify  the  town-clerk  of  such 
town -thereof,  on  or  before  the  tenth  day  of  April  in  each 
year.  And  when  notice  of  alterations  in  the  list  of  any 
town  shall  be  received,  by  the  town-clerk  thereof,  it  shall 
\  be  the  duty  of  said  town-clerk,  within  twenty  days  after 
he  shall  have  received  such  notice,  to  add  to,  or  deduct 
from,  each  separate  list  of  said  town,  such  rate  per  cent 
on  each  article  of  any  such  list,  as  shall  have  been  increas- 
ed, ordiminished,by  the  board  of  equalization.  And  said 
town-clerk  shall  be  entitled  to  receive  as  a  compensation 
for  his  services  the  sum  of  three  dollars. 

SECT.  11.  Each  assessor,  and  each  member  of  the  board 
of  relief,  before  he  enters  on  the  duties  of  his  office,  shall 
take  the  oath  prescribed  by  law. 

SECT.  12.  The  assessors  shall  be  entitled  to  receive,  as 
a  compensation  for  their  services,  a  sum  not  exceeding 
fifty  cents  on  a  thousand  dollars  of  the  amount  of  the  as- 
sessment list  of  the  town,  to  be  paid  by  the  town. 

SECT.  13.  If  any  town  shall  refuse  or  neglect  to  ap- 
point an  assessor  or  assessors,  according  to  the  provisions 
of  this  act,  and  cause  them  to  be  duly  sworn,  such  town, 


Duty  of  the 
lown-clerk 
relative  to  al- 
terations. 


His  compen- 
sation. 

Assessors,  Stc. 
to  ue  sworn . 


Compensation 
of  assessors. 


Penalty  on 
towns  not  ap- 
pointing asses- 


so  neglecting  or  refusing,  shall  forfeit  and  pay  the  sum  of 
fifteen  hundred  dollars,  for  the  use  of  the  treasury  of  the 
state.     And  if  any  person  chosen  to  the  office  of  asses- 
sor, and  having  accepted  tbe  same,  shall  afterwards  re- 
sore  refusing  to  fuse  *°  ke  sworn»  or  perform  the  duties  of  said  office,  he 
serve.  shall  forfeit  and  pay  to  the  town-treasury  in  which  he 

lives,  the  sum  of  thirty  dollars. 


&nd  on  asses- 


Title  102.     Taxes.  407 

SECT.  14.  The   assessment  list  in  each  town,  as  the  Assessment  list 
same  shall  annually  be  made  and  corrected,  by  the  as-  0°  tba\aijo™lc 
sessors  and  board  of  relief,  according  to  the  provisions  of    **-*-  ^    fo    tf 
this  act,  shall  be  the  rule  for  the  several  counties,  towns,    '          4p^/  _  -^ 
societies,  school  and  highway  districts  to  apportion  the 
several  taxes  to  individuals,  living  within  such  districts, 
liable  to  pay  taxes  in  such  corporation.(l) 

(1)  The  first  mode   of  assessing  taxes  In  1702,  lands  were  directed  to  be  set  in 

appears  from  the  revision  of  1672,  to  have  the    list  at   a  specified  rate.     This  mode 

been,  to  direct  the  towns  to  appoint  three  continued,  with  various  modifications,  till 

or  four  persons  to  make  out  a  list  of  all  the  present  system,  by  valuation  was  a- 

polls    from    sixteen  years  and   upwards,  dopted.    Owing  to  the  extreme   scarcity 

and  an  estimation   of  all  estate,  real  and  of  money,  in  the  early  times  of  tbe  gov- 

personal.     Polls  were  to  be  set  in  the  list  ernment,  taxes  were   directed  to  be  paid 

at  eighteen  pounds,  each ;  lands  to  be  val-  in  wheat,  peas,   rye,   Indian  corn,  pork 

ued  ;  houses,  cattle  and  swirie,  at  specifi-  and  beef, 
ed  rates  ,  and  mechanics  to  be  assessed. 

CHAP.  II. 

An  Act  providing  for  the  Collection  of  Taxes. 

BJ  E  it  enacted  by  the  Senate  and  House  of  Rep- 
,T.     .   J£j  resentatives,  in  General  Assembly  convened, 
That  when  the  general  assembly  shall  grant  a  tax,  to  be 
levied  upon  the  inhabitants  of  the  state,  it  shall  be  laid  on 
the  general  list  completed  according  to  law  ;  and  it  shall  ?g'eas"™raj° 
be  the  duty  of  the  treasurer  of  the  state,  without  further  'r!,llt  to  collect- 
notice,  to  issue  and  send  his  warrants,  at   least  three  orsineacl^ 
months   before  the  time   of   payment,   directed  to  the  '" 
collectors  of  such  tax  in  each  town  in  the  state,  com- 
manding them  to  levy,  collect  and  pay  the  same  into  the 
treasury  of  the  state,  by  the  time  appointed  for  that  pur- 
pose, by  the  general  assembly  ;  and  if  no  time  is  limited 
for  the  payment  of  such  tax  in  the  grant,  it  shall  be  pay- 
able before  the  lastarlay  of  August,  in  each  year. 

SECT.  2.  And  it  shall  be  the  duty  of  the  collectors  in 
each  town  to  collect  and  pay  such  tax  to  the  treasurer  of 
the  state,  by  the  time  limited  :  but  they  shall  not  levy  or 
distrain  therefor  till  two  months  before  the  day  on  which 
it  is  payable  into  the  treasury  of  the  state. 

SECT.  3.  If  any  collector  shall  neglect  to  collect  and  ^collector 
pay  such  tax  to  the  treasurer,  by  the  time  appointed,  tHe  JJS^to 
treasurer  is  authorized  and  required,  within  four  months  jssue  execn- 
after  such  time,  to  issue  an  execution,  returnable  in  sixty  th>n  against 
days,  against  the  estate  and  the  person  of  such  collector, 
directed  to  the  sheriff  of  the  county  in  which  the  collec- 
tor lives,who  is  hereby  empowered  to  serve  it  in  any  town 
or  county  in  the  state";  and  it  shall  be  the  duty  of  the 


108 


Title  102.      Taxes. 


On  return  of , 
no;i  «w/,  or 
corhnYitmcnt, 
to  issue  execu- 
tion against 
estate  of  se- 
lect-men. 


On  return  of 
non  est,  to  is- 
sue execiitioJi 
against  the 
estate  of  Ihe 
inhabitants  of 
the  town. 


Sheriff  guilty 
of  neglect,  li- 
able to  pay 
damages. 


Treasurer 
may  issue  exe 
cution  against 
collector,  at 
request  of  se- 
Fect-men. 


Select-men 
may  bring  suit 
against  negli- 
gent collector. 


His  whole  es- 
tate hoi  den  to 


sheriff  to  serve  and  make  return  of  such  execution  to  tht' 
treasurer,  according  to  the  directions  therein  given. 

SECT.  4.  In  case  of  a  return  of  non  est  invenlus,  or  a 
commitment  of  such  collector,  it  shall  be  the  duty  of  the 
treasurer,  forthwith,  to  issue  an  execution,  returnable  in 
sixty  days,  against  the  goods  or  estate  of  the  select-men 
of  the  town  where  the  collector  lives,  for  the  sum  re- 
maining due  on  said  tax,  and  the  officer's  fees  and  charg- 
es before  that  time  accruing,  directed  to  the  sheriff  as 
aforesaid,  who  shall  serve  and  return  the  same  according 
to  the  directions  therein  given. 

SECT;  5.  In  case  of  a  return  of  non  est  inventus,  in 
whole  or  in  part,  of  the  execution  against  the  select-men, 
the  treasurer  shall  forthwith  issue  an  execution,  returna- 
ble in  sixty  days,  for  the  sum  remaining  due  on  said  tax, 
with  all  the  additional  costs  and  charges,  against  the  goods 
and  estate  of  the  inhabitants  of  such  town,  directed,  and 
to  be  served,  as  aforesaid. 

SECT.  6.  And  if  such  sheriff  is  guilty  of  any  neglect  or 
default  in  serving  the  executions  aforesaid,  he  shall  be 
liable  to  pay  all  the  damages ;  and  it  shall  be  the  duty  of 
the  treasurer  to  direct  suits  to  be  brought  against  him,  in 
the  name  of  the  state,  by  the  attorney  for  the  state,  in 
the  county  where  the  treasurer  resides,  to  recover  such 
damages ;  and  such  attorney  is  hereby  authorized  to 
commence  and  prosecute  such  suits  to  final  judgment. 

SECT.  7.  The  treasurer  shall,  at  the  request  of  the  se- 
lect-men of  any  town,  issue  an  execution,  directed  to  the 
sheriff  of  the  County,  and  his  deputy,  in  the  name  of  the 
select-men  of  such  town,  against  any  collector  of  state 
taxes,  for  such  town,  at  any  time  after  the  tax  committed 
to  him  becomes  due,  for  the  balance  then  due  on  such 
tax  ;  and  such  select-men  may  proceed  with  such  execu- 
tion, against  such  collector,  according  to  law,  for  the  in- 
demnity of  such  town,  and  shall  pay  the  money  due  on 
such  execution,  to  the  treasurer,  wifhin  the  term  of  four 
months  after  such  tax  shall  become  payable  ;  and  on  fail- 
ure thereof,  the  treasurer  shall  issue  execution  against 
the  goods  and  estate  of  the  inhabitants  of  such  town  for 
the  sum  then  due. 

SECT.  8.  When  any  collector  of  the  state  tax  shall  neg- 
4pct  to  pay  and  settle  the  same  with  the  treasurer,  by  the 
time  appointed,  it  shall  be  lawful  for  the  select-men  of 
such  tbwn  to  bring  an  action,  in  the  name  of  the  town, 
against  such  negligent  collector,  to  recover  such  sum  as 
remains  unpaid,  and  attach  the  estate  of  the  person  of 
such  collector,  to  secure  the  same,  and  to  prosecute  such 
action  to  final  judgment :  and  the  whole  estate  of  such 
Collector  so  attached,  or  possessed  by  him,  at  the  time  of 


Title  102.     Taxes.  409 

bringing  such  action,  shall  be  holdcn  liable  to  answer  the  respond  the 
judgment  that  may  be  recovered  against  him,  notwith-  J"dsmeut- 
standing  any  subsequent  disposition  of  such  collector,  or 
any  demand  by  a  creditor. 

SECT.  9.  And  if  any  such  collector  shall  deliver  up  his  If  collector  de- 
rate-bill  into  the  hands  of  the  select-men,  they  are  here-  UjJIH?]* 
by  empowered  to  depute  some  proper  person  to  collect  fect-mea  may 
what  remains  uncollected  thereon  ;  and  the  same  shall  be  appoint  anoth- 
accounted  for,  in  favor  of  such  collector  ;  which  collect-  er' 
or,  so  deputed,  shall  have  the  same  power,  and  be  under 
the  same  regulations,  as  the  collector  who  delivered  up 
his  rate-bill,  as  aforesaid,  was  invested  with. 

SECT.  10.  When  a  town  shall  have  brought  their  ac- ;v^en  town 
tion  against  any  collector,  pursuant  to  the  direction  of  S^rewi!!?" 
this  act,  the  treasurer  may  issue  an  execution  against  the  may  issue  an 
estate  of  the  select-men  of  such  town,  (or  of  the  inhabit-  execution  a- 
ants  of  such  town,)  for  the  non-payment  of  such  tax  or  Elect-men, 
taxes,  in  the  same  manner  as  if  a  return  of  non  est  inven- 
tus  had  been  made  against  such  collector. 

SECT.  1 1.  On  all  the  warrants  issued  by  the  treasurer,  Abatement  al- 
for  the  collection  of  taxes,  there  shall  be  allowed  to  the  lor-ed  to 
several  towns,  an  abatement  of  one   eighth  part  of  the  towns' 
amount  of  the  taxes  arising  on  the  list  of  said  towns  re- 
spectively, and  the  select-men,  or  a  majority  of  them, 
in  tbe  several  towns,   shall  constitute  a  board  to  make 
such  abatements  ;  which  eighth  part  the  select-men  of 
the  respective  towns,  shall  have  power  to  apply  for  the  to  be  applied 
relief  of  the  indigent  or  unfortunate,  in  the  abatement  of  b?  c.lvil  a<V 
their  particular  rates,  in  whole  or  in  part,  in  such  way  lect-'inen.' 
and  manner  as  they  shall  judge  most  proper,  reasonable 
and  just:  and  on  a  certificate  of  such  abatement,  under 
the  hands  of  the  select-men,  the  treasurer  shall  allow  the 
same  to  the  credit  of  the  collector  of  such  tax  ;  and  for 
the  residue  of  the  taxes  laid  on  the  several  towns,  they 
shall  be  holden  to  pay  the  full  amount,  without  any  fur- 
ther deduction  or  abatement. 

SECT.  12.  The  select-men  of  the  several  towns  in  this  Select-men 
state,  respectively,  or  the  major  part  of  them,  be,  and  JjJJgJJJJJ11  to 
they  are  hereby  empowered  to  abate  the  town  taxes  of  taxes  of  poor 
such  in  their  respective  towns  as  are  poor  and  indigent  persons, 
and  unable  to  pay  the  same ;  and  said  select-men  are 
hereby  required  to  exhibit  to  their  respective  towns,  at 
each  annual  meeting  thereof,  a  list  of  all  persons  whose 
taxes  shall  have  been  abated  within  the  year  preceding 
said  meeting :  and  such  towns  shall  be  liable  to  pay  the  T 
same  to  the  state  ;  and  the  collectors  of  such  taxes  shall 
have  right  to  recover  the  same,  for  the  use  of  the  state. 
When  any  person  is  committed  to  gaol,  by  the  collector 
@f  a  state,  for  the  non-payment  of  a  tax,  who  is  poor  and 


410 


Title  102.     Taxes. 


Liability  of 
town  for  tax 
and  costs, 
where  a  per- 
son takes  the 
poor  debtor's 
oath. 


When  estate 
of  seleot-mtrt 
or  inhabitants 
is  taken,  how 
to  proceed. 


Taxes  of 
towns,  and 
other  commu- 
nities, how 
collected. 


Collectors 
neglecting, 
execution  may 
be  granted  a- 
gainst  them. 


unable  to  pay  it,  he  shall  be  entitled  to  the  benefit  of  the 
act,  providing  for  the  relief  of  poor  debtors,  on  his  giving 
the  requisite  notice  to  one  or  more  of  the  select-men  of 
the  town  to  which' he  belongs  ;  and  the  town  shall  be  re- 
sponsible to  such  collector  for  the  amount  of  the  tax,  and 
the  costs  occasioned  by  the  commitment,  in  case  such 
person  is  admitted  to  take  the  poor  debtor's  oath ;  and  if 
such  town  neglect  or  refuse  to  pay  it,  such  collector  shall 
have  a  right  of  action,  to  recover  the  same  ;  provided 
such  commitment  be  made  within  eight  months  after  the 
time  such  rates  become  due  and  payable. 

SECT.  13.  Whenever  the  estate  of  a  select-man,  or  in- 
habitant of  a  town,  shall  be  taken  on  an  execution,  is- 
sued against  the  select-men,  or  the  inhabitants  of  any 
town,  according  to  the  provisions  of  this  act,  he  may  ap- 
ply to  a  justice  of  the  peace  of  an  adjoining  town,  who 
shall  appoint  three  judicious,  indifferent  freeholders  of 
such  town,  to  appraise  the  estate  so  taken  on  execution, 
at  its  true  and  just  value,  in  money  ;  and  if  the  same  shall 
be  sold,  inpayment  of  such  execution,  then  such  apprais- 
ed value  shall  be  paid  by  the  town  from  whom  such  tax- 
es were  due,  with  such  further  damages  as  shall  be  just 
and  reasonable ;  and  on  their  refusal,  the  owner  shall 
have  a  right  of  action  to  recover  the  same. 

SECT.  14.  Whenever  any  town,  or  other  community, 
authorized  by  law  to  raise  money  by  taxation,  shall,  in  a 
lawful  meeting,  grant  a  tax,  to  be  levied  on,  and  collect- 
ed of,  themselves,  for  a  lawful  purpose,  they  shall  appoint 
some  proper  person  or  persons,  to  be  collector  or  collect- 
ors ;  and  the  select-men  of  towns,  and  the  committee  of 
other  communities,  shall  make  out  rate-bils  for  the  same, 
under  their  hands,  containing  the  proportion  of  each  in- 
dividual to  pay,  according  to  the  list  made  and  comple- 
ted, according  to  law  ;  and  shall  apply  to  some  justice  of 
the  peace,  who  is  authorized  and  required  to  grant  a  war- 
rant for  collecting  such  tax,  directed  to  the  collector  ap- 
pointed to  collect  such  tax,  commanding  and  empower- 
ing him  to  collect  the  same,  according  to  the  grant. 
•  SECT.  15.  And  all  collectors  of  such  taxes  shall  collect 
and  pay  the  same,  by  the  time  limited  by  those  who 
grant  such  taxes  ;  and  on  failure,  the  select-men  of  each 
town,  and  the  committee  of  each  community,  shall  have 
power  to  demand  any  arrearages,  due  from  their  respect- 
ive collectors,  and,  on  failure  of  payment,  may  apply  to 
a  justice  of  the  peace,  for  an  execution  against  such  neg- 
ligent collectors.  And  it  shall  be  lawful  for  such  justice 
of  the  peace  to  grant  an  execution  against  the  goods, 
chattels,  lands,  and  body  of  such  negligent  collector,  in 
the  same  form,  and  to  be  proceeded  with  in  the  same 


Title  102.     Taxes.  411 

manner,  as  is  by  law  provided  for  the  levying  of  exe- 
cutions. 

SECT.  16.  If  any  collector  of  any  state,  town,  or  soci- In  what  cases, 
ety  tax  or  taxes,  shall  neglect  or  refuse  to  receive  the  "i^jjjjjfc 
rate-bill  or  rate-bills,  which  he  is  appointed  to  collect,  or  shall  he  ap- 
for  the  purpose  of  collecting  the  same,  or  shall  die  before  pointed,  to 
he  has  completed  the  collection  of  such  rate-bill,  or  rate- 
bills,  or  having  received  the  same,  shall  neglect  to  col-  bills, 
lect  or  pay  the  rates  or  taxes  to  him  committed,  by  the 
time  appointed  for  that  purpose,  and  shall  deliver  up 
his  rate-bill  or  bills  to  the  select-men  of  the  town  where- 
in he  is  appointed,  in  the  case  of  a  state,  or  town  tax,  or 
to  the  society's  committee,  of  the  society  where  he  is  ap- 
pointed, in  the  case  of  a  society  tax ;  it  shall  be  lawful 
for  the  select-men  of  the  town  wherein  such  collector  is 
appointed,  in  the  case  of  a  state  or  town  tax,  and  for  the 
said  society's  committee,  in  the  case  of  a  society  tax,  to 
depute  some  meet  person  to  collect  such  rate-bill  or  bills, 
or  the  remaining  sums  that  may  be  due  on  the  same,  as 
the  case  may  be ;  and  the  person  so  deputed,  in  either  of 
the  cases  aforesaid,  shall  have  full  power  to  enforce  and 
complete  the  collection  of  such  taxes. 

SECT.  17.  All  collectors,  duly  appointed,  shall  have  Power  of  col 
full  power  to  collect  the  taxes,  for  which  a  lawful  warrant 
shall  be  given  them  ;  and  shall  have  the  same  power  to 
command  the  assistance  of  any  person  or  persons,  in  the 
execution  of  their  office,  if  necessary,  as  is  by  law  given 
to  sheriffs  and  constables,  in  the  execution  of  their  offices. 
And  all  persons  are  hereby  required  to  yield  due  obedi- 
ence, and  afford  their  assistance  immediately,  on  the  same 
penalties  as  are  by  law  provided  to  enforce  obedience  to 
the  command  of  sheriffs  and  constables  :  provided,  such 
collectors  shew  and  read  their  warrants  to  the  persons 
whose  assistance  is  commanded. 

SECT.  18.  All  constables,  chosen  to  collect  the  state  in  othep  towai- 
tax,  and  all  other  collectors  of  taxes,  shall  have  the  same 
power  in  any  other  town,  as  in  their  own,  to  collect  the 
.taxes  of  any  person  or  persons,  against  whom  they  have 
taxes  in  their  rate-bill  or  lists  ;  and  may,  at  any  time, 
collect  such  taxes,  after  the  expiration  of  the  year  for 
which  they  are  appointed. 

SECT.  19.  The  collectors  appointed  to  collect  the  state  |J°J  J^JJf 
and  town  taxes,  shall  give  public  notice  of  the  time  and  in  collecting' 
place,  at  which  they  will  receive  the  same,  by  publishing  taxes. 
in  some  newspaper  printed  in  the  county,  or  in  an  adjoin- 
ing county,  three  weeks  successively,  and  by  posting  up 
notice  on  the  sign-posts  in  their  respective  towns,  at  least 
three   weeks  previous  to    the  time  appointed  for  re- 
ceiving such  taxes  :  and  all   persons  neglecting  to  pay 


412 


Title  102.     Tuxes. 


Fees  of  eollec 
tors. 


Mode  of  selling 
land. 


their  taxes  agreeably  to  notice  given  as  aforesaid,  shaH 
be  liable  to  pay  such  fees  for  travel  to  collect  the  same, 
Fees  for  travel.  as  by  law  are  allowed  sheriffs  in  the  collection  of  execu- 
tions. The  collectors  of  other  taxes  shall  appoint  a  time 
and  place  for  receiving  such  taxes,  and  shall  give  to  ev- 
ery person  reasonable  warning  and  opportunity  to  pay 
the  same.  And  on  failure  of  payment,  the  collectors 
aforesaid  shall  make  distress  therefor ;  and  in  case  a  dis- 
tress shall  be  made,  such  collectors  shall  distrain  goods 
and  chattels,  if  they  can  be  had,  and  shall  post  and  sell 
them,  in  the  same  manner  as  is  provided  by  law  in  case 
of)  executions  ;  but  if  no  goods  or  chattels  are  tendered, 
or  can  be  found,  such  collectors  may  levy  their  warrants 
on  the  real  estate,  or  on  the  bodies  of  those  against  whom 
they  have  taxes,  and  them  commit  to  gaol,  there  to  re- 
main till  such  taxes  and  the  legal  costs  are  paid,  or  they 
are  delivered  in  due  course  of  law  ;  and  all  collectors  of 
taxes  shall  be  entitled  to  the  same  fees  for  levying  war- 
rants, as  sheriffs  are  by  law  for  levying  executions. 

SECT.  20.  When  a  collector  levies  a  warrant  on  real 
estate,  for  the  payment  of  taxes,  he  shall  advertise  the 
time  and  place  of  sale,  three  weeks,  in  some  news-paper, 
printed  in  the  county,  or  an  adjoining  county,  at  least  six 
weeks,  before  the  time  of  sale  ;  and  then  shall  sell,  at 
public  auction,  sufficient  to  pay  the  taxes  and  costs 
chargeable  against  the  owners,  and  shall  give  to  the  pur- 
chaser a  deed  of  warranty  thereof,  to  be  lodged  in  the  of- 
fice of  the  town-clerk,  where  the  land  lies,  to  remain  unre- 
corded twelve  months  ;  and  if  the  owner  from  whom  the 
tax  was  due,  or  any  purchaser,  mortgagee,  creditor  of 
such  owner,  or  any  person  claiming  any  interest  in  the 
land,  shall,  within  twelve  months  from  the  time  of  sale, 
pay  or  tender  to  the  purchaser  from  the  collector,  the  pur- 
chase money,  with  twelve  per  cent  interest,  such  deed 
shall  be  void,  and  shall  be  delivered  up  to  the  person  pay- 
ing or  tendering  the  money  ;  who  shall  hold  such  land 
or  estate  as  a  security,  in  nature  of  a  mortgage  for  the 
money  paid,  and  twelve  per  cent  interest.  But  if  the 
purchase  money  and  interest  shall  not  be  paid  within 
such  time,  then  the  deed  shall  be  recorded,  and  the  title 
become  confirmed  in  the  purchaser,  his  heirs  and  assigns 
for  ever, 

SECT.  21.  The  real  estate,  of  which  any  person  is 
seised  and  possessed,  in  his  own  right,  in  fee,  shall  stand 
charged  with  his  lawful  taxes,  and  may  be  sold  for  the 
same,  within  one  year  after  the  taxes  become  due,  not- 
withstanding any  transfer  thereof,  or  attachment  thereon  : 
provided,  that  no  real  estate,  which  has  been  transferred; 
or  levied  upon,  as  aforesaid,  shall  be' liable  to  be  sold  for 


Taxes,  a  lien 
on  lands  for 
one  year. 


JProviso. 


Title  103.     Towns.  4j;i 

rhc  ^avinent  of  any  taxes  arising  upon  a  list  made  up  af- 
ter such  transfer  or  levy  ;  nor  shall  any  real  estate  be  li- 
able to  be  sold  for  taxes,  which  has  been  legally  transfer- 
red, attached,  or  taken  by  execution,  where  other  estate 
can  be  found  sufficient  to  pay  such  taxes,  and  the  legal 
costs. 

SECT.  22.  There  shall  be  allowed  to  each  collector  of  ^JJJJJJj^, 
state  taxes,  three  cents  and  an  half  on  the  dollar,  for  all  state  taxes? 
monies  such  collector  shall  collect  and  pay  into  the  treas- 
ury, which  shall  be  paid  by  the  treasurer,  besides  seven 
cents  per  mile  for  travel  :  provided  such  collector  shall 
make  a  full  settlement  with  the  treasurer,  of  all  such  tax- 
es, as  by  his  warrant,  he  was  commanded  to  collect,  with- 
in twenty  days  after  the  time  limited  in  such  warrant,  for 
the  collection  :  and  in  case  any  collector  of  state  taxes 
shall  neglect  to  make  such  settlement  within  said  twenty 
days,  there  shall  nothing  be  paid  or  allowed,  by  the  treas- 
urer, to  such  collector,  for  any  monies  by  him  collected, 
and  paid  into  the  treasury. 

SECT.  23.  Whenever  any  corporation  shall  impose  a  Collection  ol 
tax  on  the  shares  of  their  stock,  said  corporation  may  ap-  Jorations^oa 
point  a  collectorthereof,  who  shall  receive  from  the  treas-  their  stock 
urer  of  such  corporation,  a  tax  bill  and  warrant,  to  be 
signed  by  any  justice  of  the  peace  within  the  county  where 
the  tax  is  imposed,  directing  such  collector  to  collect  the 
sums  specified  in  such  tax  bill  •,  and  on  neglect  of  any  stock- 
holder to  pay  the  same  within  the  time   limited  by  such 
corporation,   the   collector  may   levy  said  warrant  on 
such  shares,  or  such  part  thereof  as  may  be  necessary 
io  satisfy  said  tax  and  costs,  and  shall  proceed  thereon 
in  the  manner  provided  by   the  eightieth  section  of  an 
act  for  the    regulation    of  civil    actions  ;  and   his    fees  Collector's  fee§ 
shall  be  the  same  as  is  allowed  to   constables  on  execu- 
tions. 


TITLE  103.     Towns. 
An  Act   concerning   Towns. 

~E^  E.«<  enacted  by  the  Senate  and  House  of  Rep- 
-T.  K    £$   resentatives  in  General  Assembly  com: entd, 
That  all  the  male  white  inhabitants  of  the  several  towns  fied  ^  ^ 
in  the  state,  of  the  age  of  twenty-one  years,  who  have  a  towa  roeet 
freehold  estate  not  subject  to  a  mortgage,  rated  in  the. ings, 
common  list  or  assessment  at  nine  dollars,  or  personal  es- 
tate, rated  in  said  list  at  one  hundred  and  thirty-fourdol- 
lars,   exclusive  of  their  polls,  or  who  have  been  duly  ad- 
mitted as  electors,  and  who  have  statedly  resided  in  such 

51 


Title  103.     Towns. 


Penalty  on 
persons  voting, 
not  being 
qualified. 

Duty  of  state's 
nUornies  and 
grand-jurors 
to  prosecute. 

Mode  of  war- 
ning town 
meetings. 


Annual  and 
special  meet- 
ings, when  to 
be  holden. 


Power  of 
adjournment. 

Town  officers 
to  be  appointed 
at  annual 
meeting. 


Penalty  for 
refusing  to 
accept ; 


towns  one  year  at  least,  shall  have  the  right  and  privi- 
lege to  vote  and  act  in  town-meetings  ;  and  persons,  not 
so  qualified,  shall  not  be  allowed  to  vote  or  act  in  such 
meetings  :  and  if  any  person,  not  so  qualified,  shall  vote, 
act  or  intermeddle  in  any  town-meeting,  contrary  to  this 
act,  he  shall  forfeit  and  pay  the  sum  of  seventeen  dollars, 
to  the  treasury  of  the  county,  where  the  offence  is  com- 
mitted ;  and  it  shall  be  the  duty  of  attornies  for  the  state 
in  the  several  counties,  and  grand-jurors  in  the  several 
towns,  to  make  presentment  of  all  breaches  of  this  law. 

SECT.  2.  When  town-meetings  are  to  be  holden,  a  no- 
tification in  writing,  specifying  the  objects  for  which  they 
are  to  be  held,  signed  by  the  select-men,  or  a  majority  of 
them,  set  upon  the  sign-post  or  sign-posts  in  the  towns,  at 
least  five  days,  inclusively,  before  the  meeting  is  to  be 
held,  shall  be  sufficient  notice  to  the  inhabitants  toattend 
such  meeting ;  and  any  town  may,  at  an  annual  meeting, 
designate  and  determine  upon  any  other  place  or  places, 
in  addition  to  the  sign-posts,  at  which  notifications  shall 
be  set  up,  in  the  same  manner,  and  for  the  same  purpose, 
as  is  provided  by  this  act  in  regard  to  sign-posts.  The 
annual  town-meetings  shall  be  holden  sometime  in  the 
months  of  October,  November,  or  December  ;  and  spe- 
cial meetings  may  be  convened,  when  the  select-men  shall 
deem  it  necessary,  or  on  the  application  of  twenty  inhab- 
itants, qualified  to  vote  in  town-meetings  ;  and  town- 
meetings  may  be  adjourned  from  time  to  time,  as  the  in- 
terest of  the  town  may  require. 

SECT.  3.  The  inhabitants  of  each  town,  qualified  to 
vote,  shall,  at  the  annual  town-meeting,  choose  and  ap- 
point a  convenient  number,  not  exceeding  seven,  to  be 
select-men,  a  town-clerk  or  register,  a  treasurer,  consta- 
bles, surveyors  of  highways,  collectors  of  town  taxes, 
grand-jurors,  ty thing-men,  haywards,  gangers,  packers, 
sealers  of  weights  and  measures,  pound-keepers,  and 
other  ordinary  town  officers,  to  serve  for  the  year  en- 
suing. 

SECT.  4.  The  select-men  shall  forthwith,  after  such 
choice,  cause  the  officers  of  whom  an  oath  is  required  by 
law,  to  be  summoned,  and  sworn  to  a  faithful  discharge  of 
their  respective  offices  and  trust :  and  if  any  person  shall 
refuse  to  serve  in  the  office  to  which  he  shall  have  been 
duly  chosen,  or  shall  refuse  to  take  the  oath  prescribed  by 
law,  when  an  oath  is  required,  he  shall  forfeit  the  sum  of 
five  dollars,  to  the  use  of  the  town,  to  be  recovered  in 
any  proper  action,  by  the  treasurer,  unless  such  person 
can  make  it  appear  to  the  court  before  which  the  action 
is  brought,  that  he  is  oppressed  by  such  appointment,  or 
that  others  are  unduly  exempted  :  and  every  person  ac- 


Title  103.     Towns.  4J5 

uepting  the  office  to  which  he  is  appointed,  or  not  declar-  and  for  neglect 
ing  his  refusal  to  accept,  who  shall  neglect  the  perfor-  °£  Performanc« 
mance  of  the  trust  committed  to  him,  stall  pay  a  fine  not 
exceeding  three  dollars  to  the  use  of  the  town  where  the 
offence  is  committed. 

SECT.  5.  If  any  office   in  any  town  shall  become  va-  Vacancies 
cant,  by  the  refusal,  death,  or  removal  of  the  person  ap-  may  be  sup- 
pointed,  such  town,  in  a  legal  meeting,  may  appoint  anoth-  plied- 
er  to  supply  the  place. 

SECT.  6.  The  inhabitants  of  the  respective  towns,  in  To«'ns  may 
legal  meeting  assembled,  shall  have  power  to  make  such  ™0a^se. resula" 
orders,  rules  and  regulations  for  the  welfare  of  the  towns, 
as  they  may  deem  expedient,  and  to  enforce  them,  by 
suitable  penalties  :  provided,  that  such  regulations  do  not 
concern  matters  of  a  criminal  nature,  are  not  repugnant 
to  the  laws  of  the  state,  and  the  penalties  do  not  exceed 
four  dollars  for  one  breach. 

SECT.  7.  Every  town,  at  a  lawful  meeting,  warned  for  may  make  by- 
that  purpose,  shall  have  power  to  make  by-laws  for  res-  law? to  re- 
training horses,   cattle,  asses,  mules,  swine,  sheep,  and  ^|!ain  cat(l<'' 
geese  from  going  at  large,  and  for  regulating  such  as  shall 
go  at  large  :  provided,  that  no  penalty  for  any  breach  of 
such  by-law  shall  exceed  three  dollars  ;  and  that  such  by- 
laws shall  not  be  in  force  till  published  four  weeks  suc- 
cessively, in  a  newspaper  printed  in  such  town,  or  in  the 
town  nearest  to  such  town,  in  which  a  newspaper  is  prin- 
ted, or  in  some  other  newspaper  generally  circulated  in 
the  town,  where  such  by-law  is  made,  as  the  town  shall 
direct. 

SECT.  8.  It  shall  be  the  duty  of  the  select-men  to  ?u-  Duly  of  seiect- 
perintend  the  concerns  of  the  town,  and  to  adjust  and  set-  mcn- 
tie  all  accounts  against  the  same,  and  to  draw  orders  on 
the  treasurer  for  their  payment ;  to  keep  a  true,  and  regu- 
lar account  of  all  the  expenditures  of  the  town  :  and  to 
exhibit  the  same  at  their  annual  meeting. 

SECT.  9.  It  shall  be  the  duty  of  towns,  and  they  are  Duty  of  towns 

hereby  empowered,  to  errant  annual  taxes  on  the  assess-  J°  'a£  taxes 
.  i •  ,  T  i  /v    •  j   P        to  defray  ne- 

ment  list,  made  out  according  to  law,  sufficient  to  deiray  cessary  ex- 
all  lawful  and  necessary  expense  incurred  by  them :  and  penses. 
if  any  town  shall  neglect  or  refuse  to  do  it,  when  they 
have  information  from  the  select-men  of  the  want  of  such 
supply,  the  select-men  are  hereby  authorized  to  assess 
the  inhabitants,  and  make  a  rate-bill  upon  the  list  of  the 
town,  last  completed,  for  so  much  as  is  wanted  to  defray 
the  necessary  expense  of  the  town,  and  to  cause  the  same 
to  be  collected,  in  the  same  manner.  n«  (axes  laid  by  ill* 
town  are  collected. 


41 6 


Title  104.     Town-Clerks. 


TITLE  104.     Town-Clerks. 
An  Act  prescribing  the  duty   of  Town-Clerks, 


SECT.   I. 


Record  of 
marriages, 
births  and 
deaths. 


E  it  enacted  by  the  senate  and  House  of  Rep  • 
resentatives  in  General  Assembly  convened. 
Duty  and  pow-  That  a  town-clerk,  when  chosen  and  sworn,  shall  contin- 
rlerk*01  ue  *n  °fficc  till  another  is  chosen  and  sworn  in  his  room  ; 

,  and  may,  when  there  is  no  justice  of  the  peace  present 
i-.~fft..?i  jn  a  town_mceting,  administer  the  oath  provided  by  law 
to  the  officers  of  such  town,  who  ought  to  be  sworn  :- 
and  it  shall  be  his  duty  to  enter  and  record  all  the  votes 
and  proceedings  of  the  town  for  which  he  is  appointed,  in 
their  lawful  meetings ;  and  in  the  absence  of  such  clerk 
from  a  town-meeting,  the  town  may  choose  a  clerk  pro 
tempore. 

SECT.  2.  The  town-clerk  or  register,  in  every  town, 
shall  record  all  marriages,  births  and  deaths  of  persons  in 
such  town  ;  and  parents  and  masters  shall  transmit  to  the 
clerk  of  the  town  where  they  belong,  the  names  of  persons 
that  are  born  or  die  in  their  respective  families,  and  the 
time  of  their  birth  and  death  ;  and  executors  and  admin- 
istrators shall  transmit  to  the  town-clerk,  the  names  of 
the  persons  they  represent  ;  within  one  month  after  such 
birth  or  death,  on  penalty  of  one  dollar  for  every  month 
after  the  first  month  for  which  it  is  neglected,  to  the  treasu- 
ry of  the  town  :  and  the  town-clerk,  of  every  town,  shall 
give  an  account  of  all  such  neglects,  that  come  to  hie 
knowledge,  to  some  grand-juror  in  the  town,  who  shall 
make  presentment  thereof  to  any  justice  of  the  peace  in 
the  county. 

SECT.  3.  And  there  shall  be  kept,  in  every  town,  proper 
deeds  of  lands,  books,  in  which  shall  be  registered  and  recorded,  at 
length,  by  the  town-clerk,  all  deeds,  grants,  leases,  mort- 
gages and  conveyances  of  houses,  and  lands  and  tene- 
ments, or  of  any  interest  in  them,  lying  in  said  town,  de- 
livered to  him  to  be  recorded  ;  and  also,  all  executions 
levied  on  lands  or  tenements,  returned  to  him,  by  the 
officers  levying  the  same,  to  be  recorded  ;  and  also,  an 
index  or  alphabet  to  the  same,  containing  the  names  of 
the  grantors  and  grantees,  and  also  of  the  grantees  and 
grantors,  in  alphabetical  order.  And  the  town-clerk  or 
register,  in  every  town,  shall,  on  the  receipt  of  any  grant, 
deed,  conveyance  or  mortgage  of  any  houses,  lands  and 
tenements,  note  thereon  the  day,  month  and  year  when 
he  received  the  same,  and  the  record  shall  bear  the  same 
date  :  and  if  any  town-clerk  shall  be  guilty  of  a  breach  of 


Record  of 


Noting  of 
deeds,  &c. 


Title  105.     Treasury.  4]  7- 

this  section  of  this  act,  he  shall,  for  every  such  breach, 
forfeit  the  sum  of  seventeen  dollars  to  the  treasury  of  tlte 
county  to  which  he  belongs. 

SECT.  4.  The  town-clerks  shall  keep  the  books  of  their  Town-clerk 
respective  towns,  and  truly  enter  all  the  votes,  grants,  and  shall  keep 
proceedings  of  the  town,  and  shall  give  true  copies  of  the  bo"k" '"  the. 
same,  as  well  as  of  all  deeds  and  conveyances  of  lands  or  true" copies8'^ 
tenements,  by  them  recorded,  for  the  same  fees  as  are  al- 
lowed to  the  clerks  of  courts  for  copies  :  and  all  copies  of 
the  votes  and  proceedings  of  towns,  attested  by  the  town- 
clerk,  shall  be  admitted  as  evidence  in  all  courts  ;  and  all 
attested  copies  of  deeds,  with  a  certificate  from  the  town- 
clerk  that  they  have  been  recorded,  shall  be  conclusive 
evidence  of  such  fact. 

SECT.  5.  The  town-clerks,  in  each  town,  shall,  annual-  Shall  send  to 
ly,  in  May,  send  to  the  treasurer  of  the  state,  the  names  Jnfi^JJJJ,, 
of  the  persons,  in  their  respective  towns,  chosen  consta-  name  of  the 
bles  to  collect  the  state  tax,  on  pain  of  forfeiting,  for  eve-  constable 
ry  such  neglect,  four  dollars,  one  half  to  him  who  shall  £J3J  StiS?" 
prosecute  to  effect,  and  the  other  half  to  the  treasurer  of 
the  town  where  such  town-clerk  lives. 


TITLE  105.     Treasury. 

An  Act  establishing  the  Treasury  Department. 

TTJ  E  it  enacted  by  the  Senate  and  House  ofRep- 
fj  resentatives,  in  General  Assembly  convened,  Duties  of 
That  it  shall  be  the  duty  of  the  comptroller  of  public  ac-  comptroller, 
counts  to  prescribe  the  mode  of  keeping  and  rendering  all 
public  accounts,  and  to  adjust  and  settle  all  demands 
against  the  state,  except  grants,  and  orders  of  the  gene- 
ral assembly.  It  shall  be,  also,  his  duty  to  lay  before  the 
legislature,  at  the  opening  of  each  stated  session,  such 
plans  and  estimates  as,  in  his  opinion,  may  be  expedient 
for  lessening  the  public  expenses  ;  for  using  the  public 
money  to  the  best  advantage ;  for  promoting  frugality 
and  economy  in  the  public  expenditures,  and  supporting 
the  credit  of  the  state ;  and  in  general,  for  the  well  or- 
dering and  regulating  the  business  of  his  department. 
And  he  shall  have  free  access  to  the  public  offices  of  the 
treasurer  and  secretary,  and  all  other  public  offices  and 
records,  with  full  power  to  examine  all  books  and  papers 
therein,  that  have  relation  to  his  office. 

SECT.  2.  And  it  shall  be  his  duty,  from  time  to  time, 
to  examine  and  state  the  amount  of  the  public  debts  and 
credits  of  this  state,  with  the  United  States,  or  with  any 


118  Title  105.     Treasury. 

community,  public  officer^  or  individual;  to  examine, 
from  time  to  time,  into  the  collection  of  taxes ;  to  point 
out  the  causes  of  delay  in  such  collections,  with  what 
may,  in  his  opinion,  tend  to  remove  them ;  to  see  that 
the  officers  of  government,  employed  in  that  department 
and  in  every  other  department  of  the  revenue,  faithfully 
execute  their  respective  duties  ;  and  to  report  to  the  gen- 
eral assembly,  all  such  as  appear  to  be  chargeable  with 
abuse  of  their  respective  trusts  ;  to  institute  suits  at  law, 
in  the  name  of  the  state,  against  any  person,  or  persons, 
or  body  of  men,  who  have  received  any  money  or  public 
property,  in  any  way,  or  for  any  purpose,  and  have  not 
duly  accounted  for  the  same,  (the  collectors  of  state  tax- 
es only  excepted  ;)  and  for  this  purpose,  may  employ  an 
attorney  or  attornies  under  him,  to  sue  therefor,  and  the 
same  to  pursue  to  final  judgment  and  execution :'  and  the 
officer,  who  shall  collect  the  money  on  such  execution, 
and  all  other  persons,  who  shall,  by  the  appointment  and 
order  of  the  comptroller,  receive  the  monies  of  this  state, 
shall  pay  over  the  same  to  the  treasurer,  taking  duplicate 
receipts  therefor,  one  of  which  shall  be  lodged  with  the 
comptroller. 

SECT.  3.  It  shall  be  the  duty  of  the  comptroller  to  pre- 
pare and  return  to  the  general  assembly,  in  May,  annual- 
ly, and  oftener,  if  thereto  required,  an  abstract  of  the  re- 
ceipts and  expenditures  of  the  public  funds,  during  the 
current  year,  ending  on  the  thirty-first  day  of  March,  an- 
nually ;  exhibiting,  under  different  heads,  the  salaries  of 
the  officers  of  government,  debentures,  and  contingent 
expenses  of  the  general  assembly,  expenses  of  newgate 
prison,  of  state  paupers,  and  all  other  expenses  of  gov- 
ernment, together  with  the  funds  belonging  to  the  state, 
and  the  public  debt. 

SECT.  4.  It  shall  be  the  duty  of  the  comptroller,  upon 
the  settlement  of  any  claim  or  demand  against  the  state, 
to  draw  an  order  on  the  treasurer  for  the  payment  there- 
of, in  favor  of  the  person  or  persons  entitled  to  receive 
the  same  ;  and  whenever  any  person  shall  decease,  who. 
at  the  time  of  his  death,  shall  be  indebted  to  the  state,  he 
shall  exhibit  the  evidence  of  such  debt,  to  the  executor 
or  administrator  of  such  deceased  debtor,  as  a  claim 
against  his  estate. 

Treasurer's  SECT.  5.  The  person  who  shall  be  chosen  treasurer  of 

bond.  the  state,  shall,  before  he  enters  upon  the  execution  of 

his  office,  give  bonds,  with  surety,  in  the  sum  of  twenty 
thousand  dollars,  to  the  state  ;  which  bond  shall  be  taken 
by  the  governor,  and  shall  be  kept  and  registered,  by  the 
secretary  of  the  governor,  and  shall  continue  during  the 
time  the  same  person  shall  be  elected,  and  exercise  the 


Title  105.     Treasury.  419 

office  of  treasurer  :  and  such  treasurer  shall  be  holden 
to  give  new  bonds,  whenever  the  same  shall  be  required 
by  the  governor. 

SECT.  6.  It  shall  b£  the  duty  of  the  treasurer  to  super-  Duties  of 
intend  and  direct  the  collection  of  the  state  taxes  and  treas«rer. 
revenue ;  to  receive  the  money  arising  from  the  taxes, 
levied  on  the  several  towns  in  the  state  ;  the  fines  and 
forfeitures  belonging  to  the  state ;  the  duties  on  writs  and 
licences ;  the  dividends  on  bank-stock  belonging  to  the 
state  ;  the  interest  on  debts  due  from  the  United  States  ; 
and  all  other  revenue  of  the  state  from  every  other  source; 
and  to  make  proper  entries  and  credits  for  the  same  in 
the  public  books. 

SECT.  7.  The  treasurer  shall  pay  out  of  the  public 
monies  in  his  hands,  upon  the  order  of  the  general  assem- 
bly, of  the  senate,  or  of  the  house  of  representatives,  and 
also  upon  the  order  of  the  supreme  court  of  errors,  of 
the  superior  court,  and  of  the  several  county  courts, 
when  warranted  by  express  law  ;  and  also,  upon  orders 
from  the  comptroller,  for  accounts  liquidated  and  adjust- 
ed by  him,  pursuant  to  law,  or  where  he  is  by  law  em 
powered  to  order  the  payment  of  money  out  of  the  treas- 
ury ;  for  which  payment  the  treasurer  shall  take  receipts. 
He  shall  pay  out  none  of  the  public  money,  except  upon 
orders  given  as  aforesaid  ;  and  no  order,  not  drawn  by 
the  comptroller,  shall  be  paid,  unless  registered  in  the 
books  of  the  comptroller,  and  a  certificate  of  such  entry 
endorsed  thereon. 

SECT.  8.  The  treasurer,  every  year,  shall  make  out  a 
complete  statement  of  all  the  receipts  of  money  into  the 
treasury,  and  of  all  the  expenditures,  and  of  all  the  debts 
and  credits  of  the  state,  on  or  before  the  first  day  of  April, 
and  report  the  same  to  the  general  assembly,  at  their 
next  session.     The  general  assembly  shall,  annually,  in  Auditors  of 
May,  appoint  two  meet  persons  to  be  auditors,  who  shall  treasurer's  ac- 
take  the  oath  prescribed  by  law,  and  who,  with  the  comp-  c< 
troller,  shall  audit  the  public  accounts  with  the  treasurer, 
and  shall  make  a  settlement  of  the  debts  and  credits,  as 
far  as  the  state  of  the  accounts  will  admit,  and  report  the 
same   to   the  general  assembly,  at  their  next  session. 
When  the  treasurer  is  plaintiff  in  any  action,  andjudg-  cd°^ecover" 
ment  shall  be  rendered  against  him  for  costs,  no  execu-  ^reafurer,  how 
tion  shall  be  issued,  but  the  party  in  whose  favor  judg-  paid, 
ment  is  rendered,  may  exhibit  the  same  to  the  comptrol- 
ler, who  may  allow  such  account,  and  draw  an  order  on 
the  treasurer  for  the  payment  thereof. 

SECT.  9.  The  clerks  of  the  superior  court,  and  of  the  cierksto  fur- 
several  county  courts,  shall,  within  twenty  days  after  the  nish  comptroi- 
risiug  of  their  several  courts,  make  out  and  render  to  the 


420  Title  105.   Treasury. 

ler  with  ab-  comptroller,  a  list  or  abstract  of  all  forfeitures  of  bonds ; 
f£it*ures°  fccT  and  of  all  judgments,  rendered  by  said  courts,  on  bonds 
or  forfeitures  of  any  kind,  in  favor  of  the  state  ;  and  also, 
of  all  executions  granted  to  any  attorney  for  the  state,  or 
other  public  officer,  on  such  judgments  ;  and  also,  a  list, 
or  abstract  of  all  fines,  which  have  been  imposed,  paya- 
ble to  the  state  ;  and  the  comptroller  shall  debit  the  ac- 
count of  such  officer,  with  the  amount  of  the  execution 
granted  to  him. 

State's  attorney       SECT.  10.  It  shall  be  the  duty  of  the  attorney  for  the 
^collect  fines,  gtate^  in  each  county5  to  superintend  the  collection  of  all 
fines,  forfeitures,  and  judgments,  in  favor  of  the  treasury 
of  the  state,  and  to  pay  over  the  same  according  to  law. 
To  render  an     The  attorney  for  the  state,  in  each  county,  and  every 
inonies  receiv-    °^lcr  receiver  of  public  money,  shall,  on  or  before  the 
ed,  annually,      tenth  day  of  May,  annually,  make  out  and  render  an  ac- 
count of  all   the  monies  received  by  him,  for  the  use  of 
the  treasury,  to  the  comptroller,  in  such  form  as  shall  be 
by  him  prescribed.     And  such  attorney  shall,  also,  at  the 
same  time,  state  an  account  of  all  fines,  forfeitures,  and 
judgments,  and  debts,  in  favor  of  the  state,  in  his  hands 
for  collection ;  and  the  comptroller  shall  debit  the  same 
to  such  attorney  in  his  account. 

t»n  neglect,  the       SECT.  1 1.  And  if  any  attorney  for  the  state,  shall  neg- 
office  tu  be-       jec£  ^Q  render  such  account,  and  pay  over  the  money  by 

'•  0  ID  C  V  cl  C  3.  M  t . 

him  received,  for  the  use  of  the  state,  as  above  required, 
his  cilice  shall  become  vacant  ;  and  it  shall  be  the  duty 
of  the  comptroller  to  give  information,  and  certify  such 
neglect  to  the  county  court,  who  appointed  such  negli- 
gent attorney ;  and  such  court  shall  appoint  another 
attorney  for  the  state  in  his  place. 

Bills  of" costs  in       SECT.  1.2.  All  bills  of  costs  in  criminal  prosecutions, 
cutio'ns1  how*6   taxed  and  allowed  by  the  superior  or  county  courts,  shali 
paid,  and  ac-     be  paid  by  the  treasurer  of  the  state,  to  the  clerks  of  such 
counted  for.        courts  respectively,  who  shall  give  bonds  to  the  treasurer, 
to  the  satisfaction  of  the  comptroller,  for  a  faithful  per- 
formance of  their  trust,  and  whose  duty  it  shall  beio  pay 
over  the  same  to  the  persons  entitled  to  it,  taking  their 
receipts  therefor  :  and  all  sums  not  demanded  within  six 
months  after  the  rising  of  the  court,  by  which  such  bills  of 
costs  shall  have  been  taxed,  shall  be  deemed  to  be  relin- 
quished to  the  state  ;  and  such  clerks  shall  account  for 
the  same  with  the  comptroller,  in  the  next  settlement  of 

their  accounts,   and  shall   be   allowed  a  commission  of 
Commission.       ,.  •       i        i       •  i 

five  per  cent  on  all  monies  so  received  and  paid  out. 

Court  fees,  SECT.  13.  It  shall  be  the  duty  of  each  of  the  clerks  of 

how  accounted  the  superior  court  to  account  and  settle  with  the  comp- 

for-  troller,  for  all  monies  received  by  him  as  court  fees,  in 

the  trial  of  apy  cause  in  said  court  :  and  they  shall  be 


Title  105.     Treasury.  421 

•allowed  a  commission  of  two  and  a  half  per  cent  on  all 
monies  received  as  the   avails  of  said  court,  and  a  like 
commission  on  all  monies  by  them  paid  for  the  use  of  the  Commission. 
State. 

SECT.  14.  The  treasurer  of  each  county  shall  make  Duties  of  coun- 
an  entry,  and  give  credit,  for  the  fines  and  forfeitures  be-  *y  treasurers. 
longing  to  the  county  :  for  the  fees  of  the  court ;  for  the 
taxes  levied  on  the  several  town?  in  the  county  ;  and  for 
all  other  monies  belonging  to  the  county,  which  shall 
come  into  his  hands  ;  and  shall  pay  out  the  same,  to  the 
order  of  the  county  court,  to  discharge  the  expenses  of 
the  county  ;  and  shall  make  an  annual  statement  of  the 
receipts  of  money  into  the  treasury,  and  of  the  expen- 
ditures, which  shall  be  audited  by  the  judges  of  the  coun- 
ty court. 

SECT.   15.  The  treasurers   of  the  several    counties,  Expenses  and 
shall  keep  a  true  account  of  the  expenses  of  the  county  avails  of  county 
courts,  including  the  compensation  to  the  judges,  and  the  C( 
incidental  expenses  of  the  court ;  and  also  of  the  avails 
of  the  court,  including  the  fines  and  penalties,   collected 
and  paid  into  the  treasury,  in  each  year  :  and  it  shall  be 
the  duty  of  each  court,  at  their  session  next  preceding 
the  first  day  of  May.  annually,  to  settle  and  adjust  their 
accounts  ;  and  if  it  shall  appear,  that  the  avails  of  any 
court  shall  be  insufficient  to  defray  the  expenses  for  the 
year  preceding  such  settlement,  such  court  may  present 
their  accounts  to  the  comptroller,  for  adjustment  and  set-  Adjustment  of 
tlement  ;  and  he    shall   draw  an  order,  in  favor  of  the  accounts, 
treasurer  of  such  county,  on  the  treasurer  of  the  state, 
for  such  sum  as  he  shall  find  due  to  such  court ;  and  the 
treasurer  shall  pay  the  same  accordingly :  (provided,  that 
in  no  case,  shall  any  order  be  drawn  for  a  greater  sum 
than  the  amount  of  the  duties  arising  on  civil  process,    / 
which  shall  be  paid  into  the  treasury  of  the  state,  in  the 
year  next  preceding  the  presenting  of  their  accounts  to 
the  comptroller./ 

SECT.   16.  The  clerks  of  the  several  county  courts  Clerks  of  coun 
shall,  within  twenty  dajs  after  the  rising  of  their  said 
courts,  make  out  a  list  of  all  fines,  penalties,  forfeitures  of  fines, 
and  judgments,  which  shall  accrue  to  the  benefit  of  the 
county,  to  the  treasurer ;  who  shall  charge  the  same  to 
the  attorney  for  the  state  in  such  county  ;  and  it  shall  be 
the  duty  of  such  attorney  to  render  an  account  of  all  fines, 
forfeitures  and  judgments  in  his  hands,  and  to  pay  over 
all  the  money  by  him  received,  for  the  county,  to  the 
treasurer  thereof,  when  thereto  required,  and  at  least  once 
in  each  year  ;  for  which  he  shall  be  allowed  a  commis- 
sion of  two  and  one  half  per  cent. 
55 


422 

To  pay  over 
dourt  fees. 


Disposition  of 
fines,  &c.j 


In  qui  tain 
suits. 


Duties  of 
town  treasur- 
ers. 


Title  106.     Trespasses. 

S-ECT.  IT.  It  shall  be  the  duty  of  the  clerks  of  tfoe 
county  courts  to  account  for,  and  pay  over  to  the  treasur- 
ers of  the  counties,  all  monies  received  by  them  as  court 
fees,  for  the  trial  of  any  cause'or  causes. 

SECT.  18.  And  unless  otherwise  expressly  disposed  by 
law,  all  fines,  forfeitures  and  penalties,  imposed  on  any 
person  by  the  superior  court,  for  any  matter  of  delin- 
quency, shall  belong  to  the  state  treasury ;  if  by  the 
county  court,  to  the  county  treasury  ;  and  if  by  a  justice 
of  the  peace,  to  the  treasury  of  the  town  wherein  the  of- 
fence is  committed. 

SECT.  19.  Where  a  penalty  or  forfeiture  is  imposed  in 
a  qui  tarn  suit,  part  of  which  is  appropriated  to  the  use  of 
the  state  or  county  treasurer,  it  shall  be  the  duty  of  the 
attorney  for  the  state  to  collect  and  pay  it  over  accord- 
ingly ;  and  he  may  obtain  execution,  in  the  name  of  the 
treasurer  of  the  state  or  county,  for  the  part  belonging  to 
them,  if  the  plaintiff'  in  such  qui  tarn  suit,  in  the  opinion 
of  the  court,  cannot  be  safely  intrusted  with  the  collec- 
tion of  the  money. 

SECT.  20.  The  treasurer  of  each  town,  shall  have  pow- 
er to  receive  all  the  money  belonging  to  the  town  for  tax- 
es, fines,  forfeitures,  debts  or  otherwise ;  and  shall  pay 
out  the  same,  to  the  order  of  the  town  or  select-men. 
And  he  shall  make  an  annual  statement  of  the  receipts  of 
money  into  the  treasury,  and  the  expenditures,  which  shall 
be  adjusted  by  the  select-men,  and  laid  before  the  town, 
at  their  annual  meeting.  And  it  shall  be  the  duty  of  the 
town-treasurer  to  call'on  the  justices  of  the  peace  in  the 
town,  for  an  account  of  the  fines,  penalties  and  forfeitures, 
which  shall  be  received  on  judgments  by  them  rendered, 
at  least  within  one  year  after  judgment  is  given,  and  re- 
ceive the  same  for  the  use  of  the  town. 


TITLE  106.     Trespasses. 
CHAP.  I. 


An  Act  for  detecting  and  punishing  Trespasses, 
in  divers  cases,  and  directing  proceedings 
therein. 


SECT.    1. 


|E  it  enacted  by  the  Senate  and  House  of  Rep- 
)  resentatives,  in  General  Assembly  convened, 
Forfeiture  for     That  no  person  shall  cut,  fell,  destroy,  or  carry  away  any 
cutting  timber,   trees,  timber  or  underwood,  standing  or  lying  on  the  land 
of  any  other  person,  or  on  land  sequestered  for  town  com- 


Title  106.     Trespasses.  423 

mons,  or  on  any  common  and  undivided  land  in  any  town, 
without  license  of  the  owner  or  owners,  on  paia  that  ev- 
ery such  person  so  felling,  destroying,  or  carrying  away 
the  same,  and  all  that  shall  be  aiding  and  assisting  there- 
in, shall  pay  to  the  party  injured,  one  dollar  and  sixty- 
seven  cents,  for  every  tree  of  one  foot  diameter  ;  and  for 
all  trees  of  a  greater  dimension,  three  times  the  value 
thereof,  besides  one  dollar  and  sixty-seven  cents ;  and 
eighty-four  cents  for  every  tree  or  pole  under  one  foot 
diameter  ;  which  damages  shall  be  recovered  in  an  action 
of  trespass.  And  when  the  trespass  is  committed  on  Action  by 
common  and  undivided  lands,  the  action  shall  be  brought  whom  to  be 
in  the  name  of  the  proprietors ;  and  when  on  sequestered  rou° ' 
lands  for  town  commons,  the  action  shall  be  brought  in 
the  name  of  the  inhabitants  of  the  town  where  the  land^ 
lie.  And  the  proprietors  of  common  and  undivided  land*, 
and  the  inhabitants  of  towns,  are  hereby  empowered,  in 
lawful  meetings,  to  appoint  agents  or  attornies,  in  their 
names,  to  prosecute  any  person  or  persons  that  shall  be 
guilty  of  a  breach  of  this  act. 

SECT.  2.  Every  person  or  persons,  who  shall  gather,  Forfeiture  for^ 
destroy  or  carry  away  any  bay-berries,  standing  and  grow-  baj^b'er^ies™* 
ing  on  another's  land,  without  leave  from  the  owner,  and 
all  who  are  aiding  and  assisting  therein,  shall  pay  treble 
damages  to  the  party  injured,  and  fifty  cents  for  every 
bushel  so  gathered,  and  at  that  rate,  for  a  greater  or  less 
quantity. 

SECT.  3.  Provided,  that  when  the  court  before  whom  Proviso  in  fa- 
the  trial  shall  be  had,  shall  be  satisfied  that  the  defendant  ™r  ^  [»™J 
was  guilty  through  mistake,  and  believed  the  timber  or  misi;ike. 
bay-berries,   were  growing  on  his  own  land,  they  shall 
render  judgment  against  him  for  no  more  than  the  true 
value  thereof. 

SECT.  4.  If  any  person  shall,  wittingly  ajid  unlawfully,  Doable  Aima- 
throw  down,  or  leave  open  any  bars,  gates,  fence  or  fenc-  gJiJJII,  f0°rr" 
es,  belonging  to  any  particular  enclosure,  or  commonficld,  throwing 
he  or  they  shall  pay  to  the  party  injured,  double  (Jama-  down  fence, 
ges,  and  forfeit  a  sum  not  exceeding  five  dollars,  accord- 
ing to  the  nature  and  aggravation  of  the  trespass  ;  to  be 
recovered  in  an  action  of  trespass.  , 

SECT.  5.  Every  person,  who  shall  set  fire  on  any  land  {£"£8 
that  shall  run  upon  the  land  of  any  other  person,  shall 
pay  to  the  owner  all  the  damages  done  by  such  fire. 

SECT.  6.  If  the  plaintiff,  in  any  of  the  actions  aforesaid,  M 
shall  make  oath,  that  the  trespasses  charged  in  the  decla- 
ration, were  committed ;  that  he  suspects  the  defendant 
committed  the  same  ;  and  shall  produce  evidence  to  ren- 
der it  highly  probable  5  he  shall  be  entitled  to  recover  the 
penalties  and  damages  aforesaid,  unless  Hie  defendant 


'424 


Trespass  to 
bridges,  &.c. 


Treble  dama- 
ges for,  and 
fine. 


Shell-fish  about 
bridges,  not  to 
be  taken  with- 
out license. 


Penalty 


Defacing  mile- 
stones, fcc. 


Penalty. 


Trespasses  in 
night  may  be 
punished  by 
imprisonment. 


Title  106.     Trespasses. 

will  acquit  himself  on  oath,  and  testify  that  he  did  noi  ciw 
the  facts,  or  any  of  them,  charged  in  the  declaration,  and 
was  not  aiding  and  assisting  therein;  which  oath  such 
court  is  empowered  to  administer  :  and  in  such  case,  the 
court  shall  render  judgment  in  favor  of  the  defendant  to 
recover  double  costs. 

SECT.  7.  If  any  person  shall  wilfully  commit  a  trespass 
upon  any  bridge  over  any  river,  creek,  or  tide-waters, 
in  this  state,  by  removing  or  destroying  any  of  the  stone, 
Wooden-work,  or  other  materials  belonging  to  such 
bridge  ;  or  shall  remove  or  destroy  any  stone,  wood,  or 
earth,  which  may  be  placed  for  the  security  or  preserva- 
tion of  any  such  bridge ;  such  person  shall,  on  conviction, 
pay  treble  damages  to  the  town,  corporation,  or  proprie- 
tors owning  such  bridge,  and  a  fine  not  exceeding  seven 
dollars,  for  the  use  of  the  treasury  of  the  county  in  which 
such  trespass  may  be  committed. 

SECT.  8.  If  any  person  shall  catch  any  shell-fish,  that 
may  grow  either  on  the  stone  or  wooden  work  of  any 
bridge,  or  on  any  stone  or  wood  which  may  be  placed  to 
preserve  the  same,  without  the  liberty  of  the  town,  cor- 
poration, or  proprietors  owning  such  bridge,  be  first  had 
in  writing,  such  person  shall  pay  a  fine  not  exceeding  sev- 
en dollars,  for  the  use  of  the  treasury  of  the  county  in 
which  the  facts  complained  of  are  committed. 

SECT.  9.  If  any  person  or  persons  shall  pull  down, 
break,  or  deface  any  mile  stone,  post-guide,  or  other  mon- 
ument for  the  direction  of  travellers  ;  or  any  railing, 
which  may  by  law  be  erected  on  any  causeway,  or  pub- 
lic road,  for  the  safety  of  travellers  ;  such  person  or  per- 
sons shall  pay  to  the  town,  corporation,  or  proprietors 
owning  such  mile-stone,  post-guide,  other  monument,  or 
railing,  treble  damages,  and  a  fine  not  exceeding  seven 
dollars,  for  the  use  of  the  town  where  the  offence  is  com- 
mitted. 

SECT.  10.  If  any  of  the  trespasses  before  mentioned  in 
this  act,  be  committed  by  any  person  in  the  night  season, 
who,  on  conviction,  shall  refuse  or  neglect  to  pay  the 
fines  imposed,  by  virtue  of  this  act,  the  court  before 
whom  such  conviction  is  had,  shall  cause  the  delinquent 
so  refusing  or  neglecting,  to  be  imprisoned  for  a  space  of 
time,  as  the  nature  of  the  offence  may  require,  not  ex- 
ceeding sixty  days. 

SECT.  11.  Whenever  any  person  shall  wilfully,  and 
without  color  of  right,  commit  a  trespass  on  the  lands  of 
another,  by  cutting  or  destroying  any  trees,  or  carrying 
away  any  timber,  wood  or  rails  ;  or  by  destroying  or  tak- 
ing away  growing  crops  or  fruits  ;  the  party  injured  may 
bring  his  action  of  trespass  against  him,  stating  such  facts ; 


Title  100.     Trespasses.  425 

and  if,  on  trial,  they  shall  be  found  to  be  true,  the  court 
.may  render  judgment  against  him  for  damages  and  costs ;  Certain  tres- 
and  if  the  defendant  shall  not  pay  the  same  within  thirty  Pass.ers  ."^ 
days  after  the  judgment  shall  be  rendered,  he  shall  be  'men?  withfii 
committed  to  the   work-house  in   the  town   where  he  tllirty  days, 

dwells,  to  be  kept  at  hard  labor,  not  exceeding  sixty  day?,  '"??  jV0.?3" 

,  .-'.  .  9.        *       •'    '  milted  totbe 

and  ii  there  be  no  work-house  in  such  town,  then  to  the  work-house. 

county  gaol  in  the  county,  there  to  be  imprisoned  for  a 
term  not  exceeding  sixty  days ;  and  the  court  shall  issue 
execution  accordingly.  Provided,  that  in  cases  where  Proviso, 
any  persons  thus  committed,  shall  be  unable  to  pay  the 
expense  of  their  support  in  prison,  the  same  shall  be  paid 
by  the  plaintiff;  and  if  such  person  shall  pay  such  exe- 
cution, costs,  and  expenses,  he  shall  be  released  from  the 
work-house  or  gaol. 

SECT.  12.  When  any  person  or  persons  shall  take  up  Logs,&ic.  tak- 
any  logs,  timber,  shingles,  or  staves,  floating,  or  floated,  en  UP  °"  Con- 
down  Connecticut  or  Ousatonic  rivers,  the  logs  and  tim-  ousatouicTrm 
ber  being  fairly  marked,  and  the  shingles  and  staves  bun-  ers  to  be  se- 
dled  up,  he  shall  seize,  bind,  or  well  secure  the  same;  and  cured,  &c. 
within  one  week  next  after  his  or  their  taking  up,  stopping 
and  seizing  the  same,  enter  the  same,  with  the  kind,  big- 
ness, length  and  marks  of  the  logs  and  timber,  the  number 
of  bundles,  and  the  kind  of  shingles  and  staves,  and  by 
whom  taken  up,  and  the  places  where  they  lie,  with  such 
clerk  or  clerks  where  strays  and  lost  goods  are  by  law  to 
be  entered  ;  and  shall  let  such  logs,  timber,  shingles  and  Disposing  of 
staves  lie,  without  disposing  thereof,  or  any  ways  defac-  logs,  kc  found 
ing  the  marks  thereon,  full  six  months  after  the  first  en-  f^'JjJJ/S,    l 
tering  the  same  ;  on  penalty  of  forfeiting  and  paying  to  months,  pro- 
the  owner  or  owners  of  such  logs,   timber,   shingles  or  hibit^d. 
staves,  to  wit,  the  sum  of  one  dollar  and  sixty-seven  Penalties- 
cents  for  every  log  or  other  stick  of  timber  not  exceed- 
ing thirty  feet  in  length,  and  double  the  value  of  such 
shingles  or  staves  ;  and  thirty-four  dollars  for  every  log 
or  other  stick  of  timber,  which  exceeds  thirty  feet  in 
length.     And  every  person  or  persons  taking  up,  safe  se-  Reward  ii<w 
curing,  and  entering  any  logs,  timber,  shingles  or  staves,  S£ 
shall  be  entitled  to  a  fee  of  twenty  cents,  for  taking,  seiz- 
ing and  entering  any  log  or  stick  of  timber,  not  exceed- 
ing thirty  feet  in  length,  and  the  same  sum  for  every  bun- 
dle of  shingles  or  staves  ;  four  cents  and  two  mills  where- 
of shall  be  allowed  and  paid  to  the  clerk  for  entering  the 
same  ;  and  seventy  cents  for  every  log  or  stick  of  timber, 
which  exceeds  that  length,  four  cents  and  two  mills  where- 
of to  be  paid  to  the  clerk  as  aforesaid. 

SECT.  13.  And  no  owner  or  owners  of  such  logs,  tim-  *°?*£y£™ 
ber,  shingles  or  staves,  shall   take  away  any  such  logs,  away>  when 
timber,  shingles  or  staves,  taken  up,  secured  and  entered  secured. 


420  Title  106.     Trespasses. 

as  aforesaid,  until  he  has  paid  the  fees  aforesaid,  on  pen- 
alty of  forfeiting  and  paying  to  him  or  them,  that  took  up. 
secured  and  entered  the  same,  as  aforesaid,  the  sum  of 
one  dollar  and  sixty-seven  cents  for  each  log  or  stick  noi 
exceeding  thirty  feet  in  length,  and  the  value  of  the  shin- 
gles and  staves  so  taken  up,  secured  and  entered,  as  afore- 
said, and  seventeen  dollars  for  each  log  or  stick  of  tim- 
ber above  thirty  feet  long. 
If  no  owner  ap-  SECT.  14.  And  if  no  owner  appear  to  challenge,  and 

^ontfftlTbe1*  make  0<lt  h's  claim  tneret°5  within  six  months  next  after 
sold,  fcc.  the  entry  thereof,  it  shall  and  may  be  lawful  for  him  or 

them  that  took  up,  secured  and  entered  the  same,  to  dis- 
pose thereof  to  his  or  their  own  use,  without  being  ao 
countable  to  the  owners  thereof. 

Dispute,  bow  SECT.  15.  And  when  any  dispute  shall  arise,  in  any 
to  be  adjusted.  actjon  brought  on  this  act?  it  ghall  and  may  be  }awful  for 

the  court,  or  justice  of  the  peace,  before  whom  the  trial 
may  be,  to  proceed  to  examine  the  parties  under  oath 
and  all  other  evidence  produced  ;  and  to  make  up  such 
judgment  therein,  as  to  them  or  him  shall  appear  equit- 
able and  just. 

No  mast,  Sic.  SECT.  16.  No  person  or  persons  shall  stop,  take  up,  or 
fort^ee"^^3  interruptj  any  mast,  yard,  or  spar,  which  exceeds  forty 
length,  afloat  in  feet  in  length,  floating  down  Connecticut  river,  within 
Connecticut  this  state,  above  Middletown,  unless  authorized  thereto, 
nver,  to  be  tak-  ^  ^  owner  except  he  or  they  carry  the  same  into  the 
en  up,  above  *  *  *  -f,  i  i  i  n  i 

Middletown,      cove  at  Wethersneld.     And  whoever  shall  stop,  take  up, 

unless  carried    Or  interrupt  in  any  mast,  yard,  or  spar,  contrary  to  this 
feU  eove  """    section,  shall  be  liable  to  double  damages  that  may  accrue 
to  the  owner  of  said  mast,  yard,  or  spar,  to  be  by  him  re- 
covered in  any  court  within  this  state,  proper  to  try  the 
same. 

Breaches  of  this      SECT.  17.  Any  one  justice  of  the  peace  of  the  town 
act,  before        not  interested  in  any  suit,  brought  for  a  breach  of  this 
whom  tried.      ^  ghaU  have   jurisdiction  thereof,    except  when  the 
damages  demanded  amount  to  more  than  thirty-five  dol- 
lars ;  any  thing  in  any  law  to  the  contrary  notwithstand- 
ing. 


CHAP.  II. 

An  Act  to  detect  and  punish  Trespasses  com- 
mitted in  the  night  season. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  when  any 
hdo^e^the    damage  is  done  in  the  night  season,  in  a  secret  manner, 
the  party   injured    may  speedily  prefer  his  complaint 


Title  107.     Trespasses.  427 

against  the  person  he  suspects  to  have  done  the  wrong,  to 
any  court  or  justice  of  the  peace,  who  may  forthwith  issue 
a  precept,  and  bring  such  suspected  person  before  them 
or  him  5  and  if  the  plaintiffcan  adduce  sufficient  testimo- 
to  render  it  probable,  that  the  defendant  committed  the 
injury,  he  shall  be  adjudged  gulty  •  unless  he  shall  offer 
to  be  examined  on  oath :  and  such  court  shall  have  power 
to  administer  an  oath  to  the  defendant,  and  to  enquire  of 
him,  as  wall  as  of  all  other  witnesses  produced,  by  the 
party,  respecting  the  matter  complained  of.  And  if  the 
defendant  can  satisfy  the  court,  that  he  did  not  commit 
the  injury  complained  of,  and  was  not  aiding  therein,  he 
shall  be  acquitted,  and  recover  his  costs ;  but  if  he  cannot, 
he  shall  be  liable  to  answer  for  all  the  damages  the  plain- 
tiffhas  sustained,  with  the  costs. 

TITLE  107.     Turnpike  Roads. 
An  Act  relating  to  Turnpike  Roads. 

j      T^  E  it  enact  t  d  by  the  Senate  and  House  of  Rep- 
O   resentatives  in  General  Assembly  convened, 
That  the  senate,  during  the  session  of  the  general  assem-  Senate  to  ap- 
bly  in  May,  shall  annually  appoint  on  each  of  the  turnpike  fio'nerson1™™ 
roads,  which  now  are,  or  hereafter  shall  be  established,  pike  roads ; 
by  law,  in  this  state,  two  commissioners,  who  shall  be 
called  commissioners  of  turnpike  roads  ;  and  it  shall  be 
the  duty  of  said  commissioners,  before  the  twentieth  day  their  duty 
of  June,  in  each  year,  and   at  other  times,  if  in  their 
opinion,  the  public. good  shall  require  it,  carefully. to  in- 
spect the  several  turnpike  roads,  on  which  they  may  be 
appointed  commissioners,  as  aforesaid ;  and  in  the  case 
of  the  death  or  resignation  of  any  commissioner,  during  the 
recess  of  the  general  assembly,  such  vacancy  may  be  sup-  Vacancies,  hour 
plied  by  appointment  by  the  governor,  until  the  next  ses-  suPPlied- 
sion  of  the  general  assembly  ;  and  the  clerk  of  the  senate,  WJio  to   . 
or  secretary  of  the  governor,  shall  give  notice  to  the  com-  notjce  Of  ap- 
missioners  appointed,  of  their  said  appointment,  as  soon  pointment. 
as  may  be. 

SECT.  2.  Whenever,   in  the  opinion  of  said  commis-  Power  of  eona- 
sioners,  any  turnpike  road,  which  it  may  be  their  duty  to  missl°»ers 
inspect,  shallnotbe  kept  in  good  and  sufficientrepair,  such 
commissioners  shall  have  power,  and  they  are  hereby  fully 
authorized,  to  order  the  gate,  or  gates  on  such  insufficient 
road,  to  be  thrown  open,  and  to  cause  that  the  same  re- 
main open,  and  no  toll  received,  for  passing  on  said  road, 
until  said  road  shall  be  placed  in  such  a  state  of  repair, 
as  shall  be  acceptable  to  said  commissioners ;  and  it  shall 
be  the  duty  of  the  commissioners,  o«  the  several  turnpike 


Commissioners 
may  require 
railings,  &.c.  on 
the  roads. 

Expense,  how 
paid,  &c. 


Commissioners 
to  liquidate  ex- 
penses. 

To  limit  the 
time  for  mak- 
rng  repairs,  &c. 


428  Title  107.     Turnpike  Roads. 

roads,  to  give  reasonable  notice  in  writing,  to  the  clerk  of 
the  proprietors  of  such  road,  of  the  time  when  they  shall 
inspect  the  same,  and  after  such  inspection,  like  notice 
to  the  clerk  of  said  company,  of  any  order or  orders,  which 
may  be  made  relative  thereto. 

SECT.  3.  It  shall  be  the  duty  of  said  commissioners,  to 
require  suitable  railings,  to  be  erected  at  such  place  or 
places,  on  the  respective  roads,  on  which  they  are  com- 
missioners, where  they  may  consider  them  necessary  ; 
and  the  expense  of  such  railings,  and  of  all  other  improve- 
ments, on  such  roads,  which  may  be  required  by  said  com- 
missioners, shall  be  defrayed  by  the  proprietors  of  the 
respective  roads,  on  which  such  railings  may  be  erected, 
or  improvements  made  :  and  the  whole  amount  of  the 
expense,  to  which  such  proprietors  may  be  subjected,  as 
aforesaid  excepting  the  expense  of  making  the  ordinary 
and  necessary  repairs,  shall  be  added  to  the  capital  stock 
of  such  proprietors  ;  and  all  such  claims  and  charges  shall 
be  liquidated,  and  allowed,  by  said  commissioners. 

SECT.  4.  Whenever  said  commissioners,  shall  order  any 
repairs  or  improvements  to  be  made,  as  aforesaid,  on  any 
turnpike  road,  they  shall  limit  such  time  for  that  purpose, 
as  they  shall  judge  reasonable,  and  give  notice  thereof, 
in  writing,  to  the  clerk  of  the  turnpike  company,  to  whom 
it  shall  belong  to  repair  and  improve  such  road  ;  and  if 
such  company  shall  neglect  to  repair  such  road,  after  re- 
ceiving such  notice,  for  the  space  of  one  month  after  the 
time  limited  as  aforesaid,  their  charter  may  be  declared 
void,  on  application  to  the  general  assembly,  for  that 
purpose. 

SECT,.  5.  It  shall  be  the  duty  of  the  commissioners, 
which  are  or  may  be  appointed,  to  inspect  the  several 
turnpike  roads,  to  state  the  accounts  of  the  several  com- 
panies in  such  forms  as.  shall  be  prescribed  by  the  treas- 
urer of  this  state,  for  the  time  being;  and  .Le  capital 
stock  of  each  company  allowed,  and  which  shall  be  duly 
allowed,  from  time  to  time,  shall  be  staled  in  one  ac- 
count ;  and  the  annual  repairs  and  expenses,  and  the 
tolls  annually  received*  shall  be  stated  in  a  distinct  ami 
separate  account ;  and  the  said  treasurer  shall  procure, 
and  furnish  said  commissioners,  with  printed  blark  forms 
for  that  purpose.  And  such  accounts  shall  be  annually 
adjusted  and  staled,  and  returned  to  said  treasurer,  who 
shall  make  a  report  thereof  to  the  general  assembly ;  and 
the  same,  being  allowed,  shall  be  registered  by  the  trcas- 
where  to  be  urer,  in  a  book  to  be  kept  for  that  purpose  ;  and  the 
kept.  originals  shall  be  lodged  and  kept  on  tile  in  the  treasur- 

er's office.  And  said  commissioners  shall  also  lodge  w-th 
the  clerks  of  the  respective  turnpike  companies,  annual- 
ly, duplicates  of  the  accounts  by  (hem  stated  and  adjust- 


To  state  the 
accounts  of  the 
company. 


in  what  man- 
ner; 


Title  107.     Turnpike  Roads.  429 

ed,  as  aforesaid.  And  all  necessary  expenses,  which  the 
commissioners  shall  allow,  in  pursuance  of  any  law  au- 
thorizing the  same,  may  be  charged  in  the  account  against 
such  road,  and  when  so  charged,  the  items  thereof  shall 
be  specified ;  but  no  deficiency  of  interest  shall  be 
charged  as  an  addition  to  the  stock  of  any  company. 

SECT.  6.  Any  one  of  the  commissioners  is  hereby  au-  In  what  caset, 

thorized  to  do  and  perform,  any  and  all  the  duties  requir-  °.ne  cotnmis- 

T  ,       .,  .  ,  f .  11         i         •     Jt  sioner  may  act. 

€d  by  this  act,  relating  to  the  roads,  wherein  they  are  or  &,c. 

may  be  appointed  commissioners,  excepting  when  said 
commissioners  deem  it  proper  that  both  of  them  should 
attend  upon,  and  perform  such  duties  ;  and  in  all  cases, 
where  improvements  or  repairs  are  ordered  to  be  made 
on  any  turnpike  road,  it  shall  be  the  duty  of  one,  only,  of 
the  commissioners,  to  review  said  road,  and  determine 
whether  such  improvements  or  repairs  are  made. 

SECT.   7.  Each  of  said  commissioners,  shall  be  allow-  Compensatioa 
ed  the  sum  of  two  dollars  for  each  day,  he  shall  be  em-  Commission 
ployed  in  rendering  the  services  required  of  him  by  this 
act ;  which  shall  be  paid  by  the  turnpike  company,  on 
whose  road  he  may  have  been  appointed  as  aforesaid  ; 
and  shall  also  constitute  a  part  of  the  capital  stock  of 
Such  turnpike  company. 

SECT.  8.  Whenever  there  shall  be  occasion  to  make  Turnpike  com 
any  drain,   or  clear  any  water-course,  on  any  place  or  ope'ndrainsand 
places,  where  water  may  drain  off  from  any  turnpike  water-courses, 
road,  to  make  the   same  dry,  and  better  to  pass  on,  the 
turnpike  companies  which  now  are,  or  hereafter  shall 
be  incorporated,  or  the  directors  thereof,  with  such  per- 
sons as  they  shall  employ,  attending  them,  may,  and  they 
are  hereby  empowered  to  make  such  drains,  and  clear 
such  water-courses,  and  places  where  water  may  drain 
off  from  such  turnpike  road,  into  or  through  any  person's 
land,  or  possessions,  so  far  as  may  be  necessary,  sufficient- 
ly to  drain  the  water  off,  from  such  turnpike  road. 

SECT.  9.  The  directors  of  the  several  turnpike  com-  Wrectorsmay 
panics,  may  contract  with  any  person,  to  use  their  road,  use  of  their 
and  pass  their  gates,  for  any  sum,  and  term,  as  may  be  road, 
agreed  upon. 

SECT.   10.  Whenever  any  person,  in  going  from  town  '"•^tobto 
to  town,  or  from  place  to  place,  shall  travel  upon  a  turn-  to6  *  the  tol,y 
pike  road,  and  with  intent  to  avoid  the  payment  of  toll,  and  double 
shall,  before  coming  to  a  gate,  depart  from  said  road,  « 
and  afterwards,  beyond  such  gate,  shall  return  to,   and 
travel  upon  said  roiad,  such  person  shall  be  liable  to  pay 
the  same  toll,  as  if  he  had  passed  said  gate,  and  if  sued 
therefor?  and  judgment  be  rendered  for  the  plaintiff,  sucn 
person  shall,  at  the  discretion  of  the  court,  be  liable  to 
pay  double  costs  ;  and  if  any  person  passing  a  turnpike 


430  Title  107.     Turnpike  Roads. 

gate,  shall  refuse  to  pay  the  toll,  by  law  payable  at  such 
gate,  and  be  sued  therefor,  and  judgment  be  rendered 
for  the  plaintiff,  such  person  shall,  at  the  discretion  of  the 
court,  be  liable  to  pay  double  costs. 

What  bridges  SECT.  11.  In  all  cases  were  the  incorporating  act  of 
a^u^nplk'^com-  any  turnP^e  company,  does  not  designate  what  bridges 
pany.  on  their  road,  shall  be  built  by  them,  and  those  which 

shall  be  built  by  the  town  where  situated,  and  such  com- 
pany, in  building,  and  putting  such  road  in  repair,  have 
built  any  bridge  or  bridges  ,  which  otherwise  might  have 
belonged  to  the  town,  where  situated,  to  have  built,  it 
shall  be  conclusive  evidence  that  such  bridge  or  bridges, 
belong  to  such  company  to  build  and  keep   in  repair  $ 
Commissioners  anj  in  an  cases,  where  any  bridge  on  any  turnpike  road, 
the^abut'ments    belongs  to  any  town  to  build  and  repair,  it  shall  be  the 
t>!  bridges,  to     duty  of  the  commissioners  of  such   road,  (both   parties 
be  built  by        being  notified  or  present,)  to  ascertain  and  designate,  by 
suitable  bounds  and  description,  the  extent  of  its  abut- 
ments from  the  bridge,  and  cause  such  description  to  be 
lodged  with  the  clerk  of  the  town,  where  such  bridge  is 
situated. 

Clerks  of  com-      SECT.   12.  The  clerk  of  each  turnpike  company  shall, 
panics  to  certi-  within  one  month  after  the  annual  meeting  of  said  com- 
d^rec'to'rs'kc3.  or  Pany>  certify  in  writing,  to  one  of  the  commissioners  of 
the  road,  belonging  to  such  company,  the  names  of  the 
persons  chosen   directors  and  treasurer  of  such  compa- 
ny, for  that  year ;  and  if  such  clerk  shall  neglect  to  cer- 
tify  as  aforesaid,  it  shall  be  the  duty  of  such   commis- 
gates  to  be  set   sioners,  to  set  and  keep  open  the  gates  on  such  road,  un- 
til they  shall  receive  such  certificate. 

Directors,  &.c.  SECT.  13.  Whenever  the  commissioners  of  any  turn- 
commissioners.  P'^e  r°ad,  shall  give  notice  to  one  of  the  directors  or 
treasurer  of  the  company,  of  the  time  and  place  of  their 
To  settle  ac-  attendance,  to  settle  the  accounts  of  said  company,  and 
counts ;  sai(j  director,  or  treasurer  shall  neglect  or  refuse  to  at- 

tend, and  settle  the  same,  it  shall  be  the   duty  of  such 
8et8cmeii.0         commissioners,  to  cause    the  gates  on  such  road,  to  be 

kept  open,  until  such  settlement  be  made. 

Rates  of  toll  es-      SECT.  1 4.  The  several  turnpike  companies  in  this  state, 

tabhshed.          are  authorized  to  collect  and  receive,  in  the   following 

cases,  the  toll  following,  at  each  gate,  where  a  whole  toll 

is  allowed  by  law,  to  wit : 

For  each  waggon,  the  body  not  hung  on  springs,  drawn 

by  one  horse,  six  cents  and  three  mills. 
For  each  four  wheeled  pleasure  carriage,  drawn  by  one 

horse,  eight  cents. 

For  each  waggon,  or  four  wheeled  carriage,  for  transport- 
ing loads,  when  drawn  by  two  beasts  only,  twelve  cents 
and  five  mills. 
For  each  additional  beast,  three  cents. 


Title  107.     Turnpike  Roads.  43  j 

If  such   waggons   or  four  wheeled  carriages  are  empty 

half  the  sums  aforesaid. 
For  loaded  carts,  or  ox  waggons,  drawn  by  four  beasts, 

twelve  cents  and  five  mills. 
For  each  additional  beast,  three  cents. 
For  empty  carts  or  ox  waggons,  only  half  the   aforesaid 

sums. 

And  at  each  gate,  where  only  a  half  toll  is  by  law  al- 
Jowed,  half  the  aforesaid  tolls,  and  no  more,  shall  be  col-  Half  toll 
tectible  in  the  cases  aforesaid.     And  this  act  shall  not  af- 
fect the  toll  prescribed  by  the  act  incorporating  any  turn- 
pike company. 

SECT.  15.  No  turnpike  company  shall  take  benefit  of  What  exemp- 
the  provisions  of  the  last  section,  unless  such  company  tior's  t(?  be, 
have  passed,  or  shall  pass  a  by-law,  or  vote,  making  the  Sm^ny. 
following  exemptions,  to  wit:  All  persons  travelling  for 
the  purpose  of  going  to,  or  returning  from  any  meeting, 
for  the  purpose  of  public  worship,  if  such  meeting  is 
held  in  the  same,  or  next  adjoining  town  ;  and  also,  all 
persons  going  to,  or  returning  from  funerals,  in  the  same, 
or  next  adjoining  town  ;  all  officers  and  soldiers  going  to, 
or  returning  from  military  duty,  by  order  of  law,  or  by 
authority  of  this  state,  or  of  the  United  States  ;  all  per- 
sons going  to,  or  returning  from  grist-mills,  on  horseback 
or  with  carriages,  unless  they  travel  more  than  four  miles 
on  such  road  ;  all  persons  going  to,  or  returning  from 
their  usual  and  ordinary  farming  business,  unless  they 
travel  more  than  four  miles  on  such  road  ;  all  persons 
going  to,  or  returning  from  any  town,  or  society,  or  elec- 
tors' meetings.  And  such  company  shall  transmit  a  copy 
of  such  vote  or  by-law,  (when  the  same  has  not  already 
been  done,)  to  the  secretary  of  this  state,  and  also  lodge  a 
like  copy,  with  one  of  the  commissioners  on  said  road.. 

SECT.  16.  If  any  person  shall  make  any  encroachment  Encroach- 
on  any  highway,  on  which  a  turnpike  is  now,  or  hereaf-  ™^"ts0^sturn 
ter  shall  be,  bylaw,  established,  the  president  and  direc-  jjOW  removed, 
tors  of  such  turnpike  road,  or  the  board  of  directors,  in 
those  turnpike  corporations,  in  which  there  is  no  presi- 
dent for  the  time  being,  or  a  committee  appointed  by 
them  for  that  purpose,  arc  hereby  directed  and  empower- 
ed, to  give  notice  in  writing,  to  the  person  or  persons,  who 
may  make  such  encroachment,  to  remove  the  same. 
And  if  the  person  or  persons  warned  as  aforesaid,  do  not 
cause  such  encroachment  to  be  removed,  within  one 
month  after  notice  shall  have  been  given  as  aforesaid,  it 
shall  be  lawful  for  such  president  and  directors,  or  such 
board  of  directors,  or  such  committee  appointed  by  them 
as  aforesaid,  to  remove  the  same  ;  and  the  expense  of  re- 
moving such  encroachment,  shall  be  recovered  by  such 


132 


Encroach- 
ments repeat- 
ed, how  re- 
moved. 


Penalty. 
No  appeal, 


Certain  rights 
of  the  Hart- 
ford and  New- 
Haven  turn- 
pike company 
secured. 


Penalty  for 
violating  those 
rights. 


Proviso^. 


Title  108.     Usury. 

president  and  directors,  or  such  board  of  directors,  of  the 
person  or  persons  by  whom  the  same  shall  have  been 
made,  by  action,  before  any  court  proper  to  try  the  same. 
And  when  any  encroachment  on  any  turnpike  road  shall 
have  been  once  removed,  as  aforesaid,  if  the  same  shall 
again  be  made,  it  shall  be  lawful  for  such  president  and 
directors,  or  such  board  of  directors,  or  such  committee 
appointed  as  aforesaid,  to  remove  the  same,  without  giv- 
ing further  notice.  And  every  person  prosecuted  for  re- 
newing such  encroachment,  and  convicted,  shall  incur  a 
penalty  of  seven  dollars,  for  every  such  offence,  to  be  re- 
covered by  such  president  and  directors,  or  such  board  of 
directors,  as  aforesaid.  And  no  appeal  shall  be  allowed 
in  any  suit,  which  may  be  brought  by  virtue  of  the  pro- 
visions of  this  section. 

SECT.  17.  The  property  of  all  trees  now  growing,  or 
which  shall  hereafter  be  set  out  for  shade  or  ornament, 
within  the  limits  of  the  highway,  purchased  by  the  Hart- 
ford and  New-Haven  turnpike  company,  and  of  all  the 
stones  and  other  materials,  suitable  for  making,  or  repair- 
ing said  road,  which  were  left  on  said  road,  when  the  same 
was  opened,  and  are  now  remaining  thereon,  shall  be,  and 
the  same  is  hereby  vested  and  established  in  said  compa- 
ny. And  each  and  every  person,  who  shall,  without  the 
permission  of  said  company,  take  up,  cut  down,  or  destroy 
any  such  tree  or  trees,  or  shall  remove  off  said  road,  any 
stones  or  other  materials,  as  aforesaid,  shall  forfeit  to,  and 
for  the  use  of  said  company,  three  times  the  value  of  such 
trees,  stones  or  other  materials  ;  and  for  each  tree  so  tak- 
en up,  cut  down,  or  destroyed,  a  further  sum  of  two  dol- 
lars, besides  the  threefold  value  thereof,  as  aforesaid  ; 
and  said  forfeiture  may  be  recovered  by  suit  or  action,  in 
the  name  of  the  company  only,  and  for  their  use,  before 
any  court  of  record  proper  to  try  the  same.  But,  no  tree 
or  trees,  now  standing,  or  which  may  hereafter  be  set  out, 
in  front  of,  or  near  any  dwelling-house,  for  shade  or  or- 
nament, shall  be  liable  to  be  removed  by  said  company, 
without  the  approbation  of  the  commissioners,  appoint- 
ed to  inspect  said  road. 


TITLE  108.     Usury. 
An  Act  to  restrain  the  taking  of  Usury. 


SECT.    1. 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
Usurious  con-    That  no  person  or  persons,  upon  any  contract,  shall  take 
acts  void.       Directly  or  indirectly,  for  the  loan  of  money,  or  any  goods. 


Title  109.     Vexatious  Sui/x. 

wares  or  merchandize,  or  any  property  whiuevej-.  above 
the  value  of  six  dollars,  for  the  forbearance  oi'one  hundred 
dollars  for  a  year,  and  so  after  that  rate,  for  a  greater  or 
less  sum,  or  for  a  longer  or  shorter  time  ;  and  all  bonds, 
contracts,  mortgages  and  assurances  whatever,  made  for 
the  payment  of  any  principal  or  money  lent,  or  covenant- 
ed to  be  lent,  upon  or  for  usury,  whereupon,  or  whereby, 
there  shall  be  reserved  or  taken  above  the  rate  of  six  dol- 
lars for  the  hundred,  as  aforesaid,  shall  be  utterly  void. 

SECT.  2.  Every  person,  who  shall  take,  accept,  and  Forfeiture  for 
receive,  by  means  of  any  corrupt  bargain,  loan,  or  ex-  taking  usury, 
change,  or  deceitful  conveyance,  or  by  any  other  means, 
for  the  forbearance  or  giving  day  of  payment  for  a  year. 
of  and  for  money,  or  any  other  property,  above  the  sum 
of  six  dollars  for  the  forbearance  of  one  hundred  dollars 
for  a  year,  and  after  that  rate  for  a  greater  or  less  sum,  or 
for  a  longer  or  shorter  time,  shall  forfeit  the  value  of  the 
money  or  other  property  so  lent,  bargained,  sold,  or 
agreed  for;  one  half  to  him  who  shall  prosecute  to  ef- 
fect, and  the  other  half  to  the  treasury  of  the  state. 

SECT.  3.  And  in  any  action,  brought  on  any  bond,  bill,  Defendant 
or  mortgage,  or  any  contract  whatever,  it  shall  be  lawful  ^^  fjJint^ot 
for  the  defendant  to  inform  the  court  before  which  the  ac-  usury, 
tion  is  pending,  by  filing  his  complaint  with  the  clerk,  on 
the  second  day  of  the  session  of  the  court,  that  such  con-  Parties  may 
tract  was  given  on  a  usurious  consideration  ;  and  in  that be  examined 
case,  the  court  shall  proceed  to  enquire  into  the  truth  OI 
of  such  complaint,  as  a  court  of  equity,  and  may  examine 
the  parties  on  oath,  and  may  receive  any  other  proper 
testimony  ;  and  if  the  plaintiff  shall  refuse  to  be  examined 
on  oath,  he  shall  become  nonsuit,  and  the  defendant  shall 
recover  his  costs.     And  if  the  court  shall  find,  that  the 
contract  was  given  upon  usurious  consideration,  they  shall 
proceed  to   adjust  the  same  in   equity,  and   shall  give 
judgment  for  the  plaintiff  to  recover  no  more  than  the 
value  of  the  goods,  or  the  principal  sum  of  money,  which 
the  defendant  received,  without  interest,  or  any  advance 
on  the  same.     And  the  like  proceedings  may  be  had  in  , 
any  cause  pending  before  a  justice  of  the  peace. 

TITLE  109.     Vexatious  Suits. 

An  Act  to  prevent  Vexatious  Suits. 

BE  it  enacted,  by  the  Senate  and  House  of  Representat- 
ives, in  General  Assembly  convened,  That  if  any  per- 
son shall  commence  and  prosecute  any  suit  or  complaint        exaoui 
against  another,  in  his  own  name,  or  the  name  of  others,  suits  liable  to 


434 


Title  110.      Weights  and  Measures. 


pay  trebble 
damages  and 
to  be  fined. 


without  probable  cause,  and  with  a  malicious  intent,  un- 
justly to  vex  and  trouble  him,  he  shall  be  liable  to  pay 
treble  damages  to  the  party  injured,  and  to  be  fined  the 
sum  of  seven  dollars  to  the  use  of  the  treasury  of  the 
county  where  the  offence  is  committed  ;  and  for  the  third 
Third  offence,  offence  such  person  shall  be  proceeded  against  as  a  com- 
mon barrator. 


TITLE  1 1 0.      Weights  and  Measures. 
An  Act  delating  to  Weights  and  Measures. 


SECT.   1. 


Standard 
weights  and 
measures  to  be 
kept  at  the 
treasury  office. 


Duty  of  treas- 
urer in  relation 
thereto. 


County  treas- 
urers to  keep 
standard 
weights  and 
measures ; 

on  penalty. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
That  there  shall  be  kept  at  the  treasury  office,  to  be  in 
the  custody,  and  under  the  care  of  the  treasurer  of  the 
state,  for  the  time  being,  the  following  measures  and 
weights,  that  is  to  say  :  a  half  bushel  brass  measure,  of 
the  capacity  of  one  thousand  and  ninety-nine  cubic  inch- 
es ;  also,  a  brass  peck  measure,  of  half  the  said  capacity, 
and  a  brass  half-peck  measure,  of  one  quarter  of  the  said 
capacity,  to  be  called  by  those  names  respectively,  which 
shall  be  the  standard  of  corn  measures  ;  also,  a  brass  ves- 
sel, of  the  capacity  of  two  hundred  and  thirty-one  cubic 
inches,  which  shall  be  the  standard  wine  gallon  measure  ; 
and  a  brass  vessel,  of  the  capacity  of  two  hundred  and* 
eighty-two  cubic  inches,  which  shall  be  the  standard  ale 
or  beer  gallon  measure  ;  also,  a  brass  or  iron  rod  or  plate, 
of  one  yard  in  length,  divided  into  three  equal  parts,  for 
feet  in  length,  and  one  of  those  parts,  subdivided  into 
twelve  equal  parts  for  inches,  which  shall  be  the  standard 
of  those  measures  respectively ;  and  also,  brass  weights  of 
one,  two,  four,  seven,  fourteen,  twenty-eight,  and  fifty-six 
pounds,  which  shall  be  the  standard  of  avoirdupoise- 
weights.  And  it  shall  be  the  duty  of  the  said  treasurer,, 
personally,  or  by  some  proper  person  or  persons,  by  him 
appointed,  to  try  all  such  weights  and  measures  as  shall, 
pursuant  to  the  provisions  of  this  act,  be  presented  to  him 
to  be  tried,  by  the  proper  standard,  and  to  seal  such  as 
shall  be  found  true,  with  the  capital  letters,  S.  C. 

SECT.  2.  The  treasurer  of  each  county,  for  the  time 
being,  shall  constantly  keep  and  preserve  in  good  order, 
weights  and  measures,  correspondent  to  all  the  aforesaid 
standards,  and  of  all  like  materials,  and  see  that  they  are 
tried  and  sealed  by  those  standards  ;  and  if  any  county- 
treasurer,  shall  neglect  to  keep  any  of  the  weights  or 
measures  aforesaid,  he  shall  forfeit  seventeen  dollars,  for 
every  three  months  of  such  neglect,  to  be  recovered  by 


Title  110.     Weights  and  Measures.  435 

-suit  of  the  state's  attorney  for  such  county,  for  the  use  of 

the  county  treasurer ;  and  it  shall  be  the  duty  of  the  treas-  Their  duty 

urer  of  the  county,  for  the  time  being,  either  personally,  hereia 

or  by  some  proper  person  or  persons,  by  him  appointed 

for  that  purpose,  to  try  all  such  weights  and  measures,  as 

shall,  pursuant  to  the  provisions  of  this  act,  be  presented 

to  him  to  be  tried,  by  the  county  standard,  and  to  seal 

such  as  shall  be  found  true,  with   the   capital  letter  C., 

and  also  with  the   letter  which  begins  the  name  of  the 

county. 

SECT.  3.  The  select-men  of  each  town,  shall,  at  all  Select-men  to 
times,  see  that  weights  and  measures,  of  the  various  ard^vetehts"** 
kinds  aforesaid,  are  provided  for  their  respective  towns,  and  measures, 
at  the  cost  and  charge  thereof,  as  standards  for  such  for  their  towns, 
town,  which  shall  be  of  good  and  sufficient  materials  ;  and 
those  of  the  standard  for  liquid  measures,  shall  be  of  cop- 
per, brass,  or  pewter  ;  and  cause  the  same  to  be  tried,  and 
sealed,  by  the  the  county  standards.  And  they  shall,  also, 
see  that  vessels  for  corn  measure,  of  the  following  forms 
and  dimensions,  are  provided,  for  the  standards  of  their 
respective  towns,  to  wit :  a  two  quart  measure,  the  bot- 
tom of  which,  on  the  inside,  is  four  inches  wide,  on  two 
opposite  sides,  and  four  inches  and  an  half,  on  the  oth- 
er two  sides,  and  its  height  from  thence,  seven  inches 
and  sixty-three  hundredths  of  an  inch  ;  a  quart  measure, 
the  capacity  of  which  is  three  inches  square  from  bottom 
to  top  throughout,  and  its  height,  seven  inches  and  sixty- 
three  hundredths  of  an  inch  ;  and  a  pint  measure,  the  ca- 
pacity of  which,  from  bottom  to  top,  is  three  inches 
square  throughout,  and  Us  height,  three  inches  and  eigh- 
ty-two hundredths  of  an  inch;  and  in  default  thereof,  such 
select-men  shall,  on  conviction,  before  a  justice  of  the 
peace,  forfeit  and  pay  a  fine  of  seven  dollars,  the  one  half  Penalty 
to  him  who  shall  prosecute  the  same  to  effect,  and  the 
other  half  to  the  town  treasury.  And  all  informing  offi- 
cers are  required  to  inquire  after,  and  due  presentment 
make,  of  all  breaches  of  this  act :  and  after  such  convic- 
tiou.  the  select-men,  for  the  time  being,  shall  incur  a  like 
pe  laity  for  every  two  months,  they  shall  neglect  their  du- 
ty herein  prescribed,  or  shall,  at  any  time,  fail  to  pre- 
serve such  weights  and  measures  true,  and  in  good  order, 
for  the  use  of  the  town,  to  be  recovered  as  aforesaid,  for 
the  use  aforesaid. 

SECT.  4.  The  sealer  of  weights  and  measures  in  each  Duty  of  scalar  ^ 
town,  shall  have  the  custody  and   safe  keeping  of  the  measures .* 
weights  and  measures  belonging  to  the  town,  and  it  shall 
be  his  duty,  once  in  every  year,  to  try  the  several  weights, 
steelyards  and  measures,  that  are  used  by  any  person  in 
such  town,  by  the  town  standards ;  to  deface  and  destroy 


136 


Title  111.      Work-Houses. 


Penalty  for 
using  unsealed 
weights  or 
measures 


Penalty  upon 
sealers  for 
neglect  of 
duty. 

Charcoal,  &c. 
how  meas- 
ured. 


such  as  cannot  be  brought  to  compare  with  (lie  standard, 
and  to  seal  with  the  capital  letter,  initial  in  the  name  of 
the  town,  such  as  are  found  or  made  true  ;  and  such  seal- 
er shall,  some  time  in  the  month  of  April,  yearly,  give  no- 
tice to  the  inhabitants  of  the  town,  by  a  writing  posted  on 
the  sign-posts,  and  other  public  places  in  the  town,  to 
bring  their  steel-yards,  weights  and  measures,  at  the  time 
and  place  therein  fixed,  to  be  tried  and  scaled.  And  if 
any  person  shall,  for  the  purpose  of  buying  or  selling,  use 
any  weight  or  measure,  until  the  same  shall  have  been 
scaled,  in  manner  aforesaid,  he  shall,  for  every  such  of- 
fence, forfeit  the  sum  of  two  dollars,  one  half  for  the  ben- 
efit of  the  town,  in  which  such  offence  shall  be  commit- 
ted, and  the  other  half  to  the  sealer  of  weights  and  meas- 
ures for  said  town,  whose  duty  it  shall  be  to  prosecute 
the  same  to  effect ;  and  every  sealer  who  shall  neglect 
his  duty  required  by  this  act.  shall  forfeit  the  sum  of  five 
dollars,  for  every  such  neglect,  to  the  town  treasury. 

SECT.  5.  The  half  bushel  measure,  and  the  parts  there- 
of, herein  described,  shall  be  .the  standard  measures,  for 
charcoal,  all  kinds  of  fruits  and  vegetables',  and  shell-fish, 
when  sold  by  measure  ;  and  in  measuring  the  said  arti- 
cles, the  measures  shall  be  well  heaped. 


TITLE  HI.     Work-Homes. 


Powers  of 
towns  in  re- 
lation to 
work-houses. 


Overseers  of 
work-house. 
Their  powers 
and  duties. 


Aii  Act  authorizing  towns  to  erectWork-House*. 
or  Houses  of  Correction. 


SECT.    1. 


K  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened. 
That  the  several  towns  shall  have  power  to  establish 
work-houses,  or  houses  of  correction  therein;  to  erect 
and  provide  suitable  buildings,  with  cells  or  apartments* 
proper  for  the  confinement  of  offenders  sentenced  there- 
to ;  to  furnish  materials  for  the  work  of  those  who  are 
ordered  to  labor  ;  to  direct  the  kind  of  labor,  and  the 
manner  and  place  in  which  it  is  to  be  performed,  either 
within,  or  without  the  work-house  ;  and  to  make  all  regu- 
lations necessary  to  carry  this  law  into  effect,  not  incon- 
sistent with  the  laws  of  the  state. 

SECT.  2.  The  select-men  of  each  town  shall  be  the 
overseers  of  the  work-house  therein:  they  shall  have 
power  to  appoint  some  meet  person  to  be  the  master  or 
keeper  of  the  same :  they  shall  superintend  and  direct 
the  master,  as  to  the  management,  labor  and  food  of  the 
prisoners :  they  shall  once  in  three  months,  at  least,  visit 


Title  111.      Work-Houses.  437 

.such  work-house  :  they  shall  see  that  the  law  is  duly  ex- 
ecuted :  they  shall  take  care  that  the  prisoners  ar6  suita- 
bly provided  for,  and  not  exposed  to  abuse,  or  oppression : 
and  if  the  master  shall  be  guilty'of  misconduct,  they  may 
remove  him,  and  appoint  another  in  his  place. 

SECT.  3.  It  shall  be  the  duty  of  the  master  of  each  Duties  of  the 
work-house,  to  receive  all  persons,  who  shall  be  sent  m 
there,  by  lawful  authority,  and  to  keep  them  to  such  la- 
bor as  they  are  able  to  perform,  during  the  time  for  which 
they  are  sentenced  to  such  work-house;  and  if  any  of 
them  shall  be  refractory  and  stubborn,  and  refuse  to 
work,  or  to  perform  their  work  in  a  proper  manner,  he 
may  put  them  in  close  confinement,  till  they  will  submit 
to  perform  their  tasks,  and  obey  his  orders  ;  and  in  case 
of  great  obstinacy,  and  perverseness,  he  may  reduce  them 
to  bread  and  water,  till  they  are  brought  to  submission 
and  obedience. 

SECT.  4.  If  any  offender  shall  abscond,  escape,  or  de-  Escape  ot 
part  from  the  work-house,  without  license,  the  master  pns 
shall  have  power  to  pursue,  retake,  and  bring  him  back, 
and  to  require  all  necessary  aid  for  that  purpose ;  and  Punishment, 
when  so  returned,  the  master  may  confine  him  to  his  work, 
by  fetters  or  shackles,  or  in  such  manner  as  he  may  judge 
necessary  ;  or  may  put  him  in  close  confinement  till  he 
will  submit  to  the  regulations  of  the  work-house  ;  and  for 
every  escape,  each  offender  shall  be  holden  to  labor,  in 
the  work-house,  for  the  term  of  one  month,  in  addition  to 
the  time  for  which  he  was  committed. 

SECT.  5.  It  shall  be  the  duty  of  each  town  to  provide  Expense  of 
for  the  support  of  the  prisoners  in  the  work-house  ;  and  p^onersfhow 
all  the  earnings  of  any  prisoner  more  than  sufficient  to  d«frayed. 
pay  for  his  support,  and  the  costs  of  prosecution  against 
him,  shall  be  paid  to  him,  or  if  he  has  a  family,  for  their 
support,  if  necessary  ;  and  if  the  earnings  are  insufficient 
to  defray  the  expense,  it  shall  be  borne  by  the  town,  ex- 
cept in  the  case  of  prisoners,  who  have  sufficient  estate  to 
pay  it,  and  of  stubborn  and  rebellious  children  and  ap- 
prentices, who  have  parents  or  masters  able  to  pay  it,  and 

then  it  shall  be  paid  by  them.     And  the  master  of  each  Mastfr  to.ac- 
,  J  count  semi-an- 

work-house  shall  render  an  account  to  the  overseers,  once  nuai]y. 

in  six  months,  at  least,  of  the  expense  of  the  work-house, 
and  of  the  labor  and  earnings  of  the  prisoners. 

SECT.  6.  If  any  persons  are  committed  to  the  work-  Prisoners  una- 
house,  who  are  not  able  to  Work,  they  shall  be  properly 
taken  care  of;  if  possessed  of  estate,  at  their  own  expense; 
if  not,  at  the  expense  of  the  town  where  they  belong. 
Males  and  females  shall  be  kept  and  confined  separately ; 
and  no  spiritous  liquors  shall  be  suffered  to  be  sold  to  the 
prisoners.  If  any  one  shall  amend,  behave  welK  and  re- 

57 


138 


Title  111.      Work-Houses. 


\Vho  may  be 
committed  to 
the  "Work- 
house. 


Power  and 
duty  of  jus- 
tices to  issue 
warrants,  con- 
vict and  com- 
mit offenders. 


Second  con- 
viction. 


Two  or  more 
towns  may 
join. 


form,  on  certificate  of  the  keeper  and  overseers  of  thr 
work-house,  he  may  be  released,  by  the  authority  com- 
mitting him,  before  the  expiration  of  the  time  for  which 
he  was  committed. 

SECT.  7.  All  idle  persons,  who  have  nothing  wherewith 
to  support  themselves,  and  no  visible  means  of  livelihood; 
all  sturdy  beggars,  who  go  from  door  to  door,  or  place 
themselves  in  streets  or  highways  to  beg,  in  towns  where 
they  belong  ;  all  who  wander  abroad  from  place  to  place, 
and  beg  ;  all  vagabonds  and  vagrants,  who  roam  about 
from  place  to  place,  without  any  lawful  business ;  all 
night-walkers,  wandering  from  place  to  place,  in  the 
night  season,  without  any  lawful  occasion,  and  sleeping 
in  out-houses,  barns,  or  in  the  open  air.  who  can  give  no 
good  account  of  themselves  ;  all  jugglers,  brawlers,  and 
fortune  tellers ;  all  persons,  who  run  away,  and  leave 
their  wives  and  children,  to  be  supported  by  the  town  ; 
all  persons,  who  mispend  what  the}  earn,  and  do  not  pro- 
vide for  the  support  of  themselves  and  families ;  ail  lewd 
and  dissolute  persons,  who  frequent  houses  of  bad  fame  ; 
and  all  common  prostitutes,  and  common  drunkards,  may 
be  committed  to  the  house  of  correction,  and  sentenced 
to  hard  labor,  for  such  time  as  the  court  before  whom 
they  are  convicted  shall  think  proper,  not  exceeding  for- 
ty days. 

SECT.  8.  And  it  shall  be  the  duty  of  justices  of  the 
peace  in  each  town,  on  their  own  knowledge,  or  on  a  ver- 
bal or  written  complaint,  from  any  of  the  grand-jurors, 
constables,  or  select-men,  or  any  substantial  house-hold- 
er of  the  town,  to  issue  his  warrant  to  apprehend  such 
persons,  and  on  due  conviction,  to  send  .them  to  the  work- 
house as  aforesaid :  and  on  a  second  conviction  tor  the 
same  offence,  any  offender  may  be  sentenced  to  the  work- 
house, such  additional  time  as  the  court  shall  judge  pro- 
per, not  exceeding  forty  days. 

SECT.  9.  Two  or  more  towns  may  join  in  building,  oc- 
cupying or  maintaining  a  work-house,  in  such  manner, 
and  on  such  terms,  as  they  shall  all  agree.  (1) 


(I)  In  Ihe  revision  of  1702,  there  is  a 
statute  constituting  the  gaols,  in  the  sev- 
eral counties,  houses  of  correction  ;  and 
in  the  revision  of  1750,  there  is  a  statute 
directirg  each  county  to  erect  houses  of 
correction,  and  containing  regulations  for 
the  government  of  them.  ISo  houses  of 
correction  have  been  erected,  1-y  uny 
county.  The  legislature  has,  from  time 
to  time,  authorized  particular  tow  us  to 
erect  workhouses  ;  and  in  1813,  gave  the 


same  power  to  every  town.  Where  they 
have  been  erected,  they  have  beer  found 
to  answer  an  important  purpose.  Should 
the  regulations  of  this  statute  be  carried 
into  effect,  in  the  several  HVMIS,  there  can 
be  no  question  but  that  the  discij  In  e  of 
the  work-bouses  would  be  more  effectual 
to  rest  IT  :n  the  <  i  n.njissirn  of  crimes  of 
an  it  ferior  dftnt.  tLan  any  other  pun- 
ishment that  can  be  devised. 


Titk  112.      Wrecks.  439 

.TITLE  112.      Wrecks. 

An  Act  concerning  Wrecks. 

,  mi  E  it  enacted  by  the  Senate  and  House  ofRep- 
SEOT.  I.    •-£  •    ~          •  -         •  •  ^ 


resenlatives,  in  General  Assembly  convened, 
That  if  any  ship,  or  other  vessel,  shall  suffer  shipwreck,  Persons  and 
upon  the  coasts,  or  in  the  rivers,  harbors,  creeks  or  wa-  ^^s'to^e 
ters  of  this  state,  there  shall  be  no  violence,  or  injury,  of-  J^n  safety. 
fered  to*  the  persons  of  the   mariners,  or  passengers,  or 
to  the  goods  belonging  thereto  ;  but  the  persons  of  the 
mariners  and  passengers,  shall  be  relieved  and  harbored, 
and  their  goods,  and  the  goods  of  the  vessel,  preserved  in 
safety,  till  authority  may  be  informed  thereof,  and  shall 
take  further  care,  and  give  order  relating  thereto. 

SECT.  2.  Whenever  any  ship-wrecked  property  shall  Wrecked  pro- 
be discovered  on   the  sea-coast,  or  in   the  waters,  riv-  j?^' g™^." 
ers,  harbors   or  creeks   of  this  state,   it  shall   be   the  posed  Of, 
duty  of   the  select-men  of   the  nearest  town  thereto, 
and  it  shall  be  lawful  for    any  other  person,    to    take 
the  most  effectual  measures  for  saving  and  securing  the 
same  ;  and  if  need  be,  such  person  shall  apply  to  a  justice 
of  the  peace  who  is  hereby  authorized  to  grant  a  warrant, 
directed  to  a  proper  officer,  to  impress,  and  call  forth,  re- 
quisite assistance  for  that  purpose  ;  and  the  person  secur-^ 
ing  such  property,  shall  immediately  give  notice  thereof 
to  a  judge  of  the  county  court,  of  the  county  where  the 
same  shall  be  secured,  who  shall  direct  the  sheriff  of  said 
county,  to  seize  the  said  property,  and  the  same  to  keep 
and  hold,  until  it  shall  be  released,  or  disposed  of,  by  or- 
der of  said  court ;  and  if  any  owner  or  claimant  of  such 
property,  being  a  person  entitled  by  the  laws  of  the  land,  Owner  &c.  ma> 
or  by  the  law  of  nations,  to  a  restoration  thereof,  shall,  ffi,"y*r 
within  a  year  and  a  day  after  such  seizure,  appear  and  and  day. 
claim  the  same,  it  shall  be  restored  to  him,  on  his  paying 
such  reasonable  costs  and  salvage,    for  the  persons    to 
whom  the  same  may  be   due,  as  the  said  county  court 
shall  allow  and  order  ;  and  if  no  such  owner  or  claimant  If  no  owner 
shall,  within  that  time,  appear  and  claim  said  property  the  f0VdbJo2d 
same  shall  be  sold,  by  order  of  said  court,  and  the  avails  Of. 
thereof,  (after  deducting  reasonable  costs  and  salvage,  for 
the  persons  to  whom  due,)  shall  be  lodged  in  the  treasury 
of  the  state.   But  if  the  property  so  seized,  be  of  a  perisha-  JOJ/ggjfJ. 
ble  nature,  the  said  court  may.  at  their  discretion,  direct  it  h',e  natuprej  (0 
to  be  sold  within  the  time  limited,  as  aforesaid,  retaining  be  sold,  fcc 
the  avails  thereof,  for  the  same  purposes,  as  the  said  pro- 
perty was  holden.     And  in  case   no  owners  or  claimant 


440  Title  1 1 3.     Yale  College. 

Enough  fo  be  shall  appear,  within  one  month,  after  such  seizure,  and 
sold  to  i  ay  pa^  or  o^er  to  pav  gaivage  and  costs,  the  said  court  may, 
at  any  time,  afterwards,  order  so  much  of  said  property 
to  be  sold,  as  shall  be  sufficient  to  pay  the  salvage  and 
costs. 


TITLE  113.     Yale  College. 
CHAP.  I. 

An  Act  concerning   the  Corporation  of  Yale- 
College. 

Preamble  Whereas  the  corporation  of  Yale-College,  in  considera- 
tion of  a  grant  made  to  them,  by  the  general  assem- 
bly, in  the  year  1792,  agreed,  that  the  governor,  lieu- 
tenant-governor, and  six  senior  assistants,  should  be 
trustees  or  fellows  of  said  College  ;  and  whereas  by 
the  eighth  article  of  the  constitution  of  this  state, 
the  charter,  so  modified,  was  confirmed,  and  the  said 
corporation  have  since  agreed,  consented  and  request- 
ed, that  the  governor,  lieutenant-governor,  and  six 
senior  senators,  should  be  members  of  said  corpora- 
tion; 

1     ID  E  it  enacted  by  the  Sena.te  and  House  of  Rep- 
MJ  resentatives,  in  General  Assembly  convened^ 

Governor,  That  the  governor,  lieutenant-governor,  and  six  senior 
lieutenant-gov-  senators,  for  the  time  being,  shall  ever  hereafter,  in  vir- 
ernor  and  six  ^ue  of  their  said  offices,  be  trustees,  or  fellows  of  said  col- 
to  be  members'  lege,  and  shall  together  with  the  president  and  fellows  of 
of  the  corpora-  said  college,  and  their  successors,  constitute  one  corpora- 
tlon>  tion,  by  the  name  and  style  mentioned  in  the  charter  of 

said  college ;  and  shall  have  and  enjoy  the  same  power, 
privileges  and  authority,  in  as  full  and  ample  a  manner, 
Vacancies         as  th°ugh.  they  had  been  expressly  named  and  included  in 
how  suppl'ied.    said  charter.     And  in  case  of  vacancy,  by  the  death  or 
resignation,  or  in  any  other  way,  of  any  of  the  other  fel- 
lows of  said  college,  and  their  successors,  such  vacancy 
shall  forever  hereafter,  be  supplied,  by  them  and  their 
successors,  by  election,  in  the  same  manner  as  though 
this  act  had  not  been  passed.     And  the  governor,  lieuten- 
ant-governor, and  six  senior  senators,  or  any  four  of  them 
together  with  the  other  fellows  of  said  college,  or  any  six 
of  them,  shall,  at  all  future  meetings  of  the  corporation. 
Quorum.  constitute  a  quorum  to  transact  business. 


Title  113.      Yale  College.  Ill 

SEC*.  2.  And  the  president  and  fellows  shall  annually  Annual  ac- 
render  to  the  general   assembly,  an   account  of  the  re-  ( 
ceipts  and  expenditures  of  the  monies  belonging  to  said 
College. 


CHAP.  II. 

An  Act   concerning  the  Students  at  Yale  Col- 
lege. 

"TIE  it  enacted  by  the  senate  and  House  of  Rep- 
JL9  resentatives  in  General  Assembly  convened, 
That  no  person  or  persons  shall  give  credit  to  any  student  Credit  not  to 
of  Yale  College,  being  a.  minor,  without  the  consent,  in  stuHe^t",  being 
writing,  of  his  parent  or  guardian,  or  of  such  officer  or  of-  minors,  with- 

officers  of  the  College  as  may  be  authorized  by  the  gov-  out  consentof 

~  *  •  i  j.fi     parents,  aic. 

ernment  thereof,   to  act  in  such  cases,  except  lor  wash- 

ing  or  medical  aid. 

SECT.  2.  Be  it  further  enacted,  That  if  any  person  or 
persons  shall  give  credit  to  any  minor  as  aforesaid,  con-  penalty, 
trary  to  the  provisions  of  this  act,  he  or  they  shall  forfeit 
and  pay  to  the  treasurer  of  this  State,  a  sum  not  less  than 
twenty,  nor  more  than  three  hundred  dollars,  according 
to  the  nature  of  the  offence,  and  at  the  discretion  of  the 
court,  which  may  be  recovered  in  any  proper  action,  be- 
fore any  court  having  jurisdiction  thereof. 

SECT.  3.  And  be  it  further  enacted,  That  it  shall  be  Prosecution, 
the  duty  of  the  attorney  of  the  state,  for  the  county  of 
New-Haven,  on  the  complaint  of  any  of  the  officers  afore- 
said, to  prosecute  for  all  violations  of  thisact. 


442 


Revision  of  the  Laws  Confirmed. 


Revised  act 
confirmed. 

Other  acts  re- 
pealed. 


Saving  of  vest- 
ed rights. 


Unfinished  bu- 
siness may  be- 
prosecuted. 


Laws  not  alter- 
ed in  substance, 
to  be  consider- 
ed in  force  from 
their  origin. 


A  printed  copy 
to  be  deposited 
in  secretary's 
office ; 


and  being  certi- 
fied by  him, 
shall  be  deem- 
ed an  authentic 
record. 


When  to  take 
effect. 


An  Act  for  confirming  the  Statute  Laws  of  this 
State,  as  revised  by  the  General  Assembly,  at 
their  session  in  May,  one  thousand  eight  hun- 
dred and  twenty-one. 


SECT.   1. 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Jlftsembly  convened, 
That  all  the  acts  revised  and  approved,  or  enacted,  at  the 
present  session,  be,  and  they  are  hereby  enacted  and 
confirmed  as  the  laws  of  this  state  :  and  that  all  statute 
laws  of  this  state,  other  than  the  said  acts  revised  and  ap- 
proved, or  enacted,  at  the  present  session,  be,  and  they 
are  hereby  repealed. 

Provided  nevertheless,  that  all  rights,  privileges  and 
immunities,  granted  to  and  vested  in  any  person  or  per- 
sons, or  body  corporate,  by  virtue  of  any  of  the  laws 
hereby  repealed,  shall  remain  unimpaired,  and  unaffect- 
ed, by  such  repeal ;  and  that  all  acts  of  a  private  nature, 
omitted  in  this  revision,  shall  continue  in  force  as  private 
acts. 

Provided  also,  that  all  matters  commenced  by  virtue 
of  any  of  the  laws  hereby  repealed,  now  depending  or 
unfinished,  may  be  prosecuted  and  pursued  to  final  effect, 
in  the  same  manner  as  they  might  have  been,  if  this  act 
had  not  been  passed. 

Provided  also,  that  such  of  the  said  revised  laws  as  re- 
main substantially  the  same  as  before  the  revision,  shall 
be  considered  as  having  continued  in  force  from  the 
time  that  they  were  first  enacted,  any  circumstantial 
amendments,  or  variations  in  phraseology,  arrangement 
and  connexion,  notwithstanding. 

SECT.  2.  And  be  it  further  enacted,  that  when  the  said 
revised  laws  shall  have  been  printed  and  published,  under 
the  superintendence  of  the  persons  appointed  for  that 
purpose,  one  copy  thereof  shall  be  deposited,  and  forev 
er  kept,  in  the  secretary's  office,  to  which  he  shall  annex 
a  certificate,  under  his  hand,  and  the  seal  of  the  state, 
that  the  acts  and  laws  therein  contained  are  the  acts  and 
laws  of  this  state  ;  and  such  copy,  so  certified,  shall  be 
deemed  and  taken  to-be  an  authentic  record  of  such 
acts  and  laws. 

SECT.  3.  Andbe  it  further  enacted,  That  this  act,  and 
the  said  revised  laws  herein  mentioned,  shall  go  into  op- 


Revision  of  the  Laws  Confirmed.  443 

eration  and  take  effect,  on  the  first  day  of  January,  one 
thousand  eight  hundred  and  twenty-two,  and  not  before. 

* 

May  Session,  1821. 

ELISHA  PHELPS,  Speaker  of  the 

House  of  Representatives. 

JONATHAN  INGERSOLL, 

President  of  the  Senate. 

Approved,  June  5th,  1821. 

OLIVER  WO^COTT, 


INDEX. 


Abatement  of  writs,  41 

appeal,  on  plea  of,  41 

of  polls,  404 

oftaxes,  409 

Absconding  debtors,  remedy  against,     186 

Absence,  ground  of  continuing  action,  38,9 
when  cause  of  divorce,  124 

Absent  debtors,  remedy  against,  186 

Abuse  of  female  children,  how   pun- 
ished, 96 

Accessories,  in  crimes,  how  puuished,    114 

ACCOUNT,  action  of, 
auctioneer  to  render  quarterly,  64 

BOOK,  action  of,  70,  1 

limitation  of  action  of,  263 

Accounts  public,  how  to  be  kept,          417 
how  settled,  419 

Accounts  of  turnpike  companies,  to  be 

stated  and  adjusted  annually,        428 

Accused,  rights  of,  in  criminal  prose- 
cutions, 21 

Acknowledgment  of  deeds,   how  to  be 

made,  254 

\CTIONS,  CIVIL,  regulated, 
when  to  be  remanded,  53 

removal  of,  from  justices  of  the 

peace,  54 

limitations  of, 
in  replevin, 

Acts  public,  when  to  take  effect,  212 

of  other  states,  legal  evidence  here,     50 
how  published,  fee.  212 

Low  distributed,  364 

Adjourn,  power  of  persons  taking  de- 
positions to, 

Adjournment  of  the  legislature,  25 

of  the  supreme  court, 
of  superior  court,  83 

of  the  county  courts,  84 

Adjutant  General,  how  appointed,       283. 

(289 

Administration,  when  to  be  granted,     147 
limitation  of  granting,  156 

Administrators  may  enter  for  plaintiff, 

or  be  made  defendants,  42 

how  appointed, 

to  give  bonds,  147 

form  of  bonds,  147 

to  eause  inventory  to  be  made,         148 
penalty  for  neglect,  149 

when  new  appointment  to  be 

made,  149 

to  give  notice  to  bring  in  claims,      150 
to  keep  buildings  in  repair,  151 

may  release  equity  of  re deraption,  151 


Administrators, 

may  be  called  to  account,  15i 

when  and  how  removable,  151 

Admission  of  inhabitants  in  towns,       235 

Adultery,  how  punished,  ,          107 

Advancement  to  children,  154 

Affidavit,  to  obtain  special  deputation,    35 

to  submission  by  rule  of  court,  62 

AJfirmance  of  judgment  on  writs  of 

error,  56 

where  appellant  does  not  enter  his 

appeal,  S4 

AJIrmution,  when  to  be  administered 

to  witnesses, 

penalty  for  false,  321 

form  of,  for  witnesses,  321 

Age,  at  which  persons  shall  be  free, 

capable  of  contracting,  &c.  216 

to  choose  guardians, 
to  make  a  will,  145 

Agents  of  absent  and  absconding 

debtors,  186 

of  communities,  75 

of  proprietors  of  common  fields,     165, 6 
when    service  of  writs  may  be 

made  on, 

Agreements,  when  to  be  in  writing,     200 
respecting  divisions  of  estates,          153 
Ale  measure,  standard  of, 
Alienation  of  lands,  how  made,  253 

to  defraud  creditors,  void,  201 

Aliens,  how  to   gain   settlement  in 

towns, 

not  to  hold  lands,  253 

Alimony,  when  allowed  in  cases  of 

divorce, 

Allowance  to  widows,  of  their  hus- 
bands' estates, 

Jlteratitn  of  highways,  how  made,       224 
Amentment  of  writs, 
of  declaration?, 
of  pleas, 

of  proceedings  in  equity,  _  144 

Amendments  of  the  constitution  of  the 

United  States, 
how  to  be  made, 
of  the  constitution  of  this  state, how 

rnhde,  32 

Annual  meeting  of  electors,  when  to 

be  holden, 
session  of  the  general  assembly, 

when  and  where  to  be  holden,        22 
Appeals,  not  allowed  from  judgment    f 

on  report  of  auditors, 
from  justices  of  the  peace, 


146 


INDEX. 


Appeals,  from  county  court?,  53 

from  justices  of  the  peace  in  cer- 
tain cases,  54 
not  valid  where  no  duty  is  certified,  130 
right  of,  from  courts  of  probate,  155 
from  report  of  commissioners,  157 
from  prosecutions,  for  violating 

regulations  of  ferries,  177 

Appellants,  when  to  enter  appeals,        54 

Apportionment,  of  school  fui'd  divi- 
dends, 

Appraisers  of  lands  on  execution,  59,  :>19 
oath  of,  319 

of  estates  of  deceased  persons,  319 

Apprentices,  how  bound  out,  270 

when  refractory,  bow  punished,  271 
penalty  for  enticing  them  away,  273 
remedy,  \vhen  abused  by  masters,  272 

Appropriation  of  fund,   to  support 

schools,  30 

of  two  dollars  on  a  thousand,  to 

support  schools,  357 

ARBITRATION,  by  rule  of  court,  62 

judgment  on  award,  62 

witnesses,  how  compelled  to  attend,  62 

Arbitrators,  how  appointed  on  submis- 
sion by  rule  of  court,  62 
award  of,  how  enforced,  62 

Arms,  right  of  citizens  to  bear, 

Arrest,  security  of  citizens  from,  21 

electors  exempted  from,  29 

senators  exempted  from,  24 

members  of  congress   exempted 

from,  8 

keeper  and  guards  of  newgate  pris- 
on, exempted  from  312 

Arson,  how  punished,  95.  99 

ASSAULT,  SFCRET,  action  for,  368 

Assault,  with  intent   to  commit 

a  rape,  96 

with  intent  to  rob  or  kill,  96 

Assembly,  general,  how  constituted,       22 
stated  sessions  of,  22 

how  to  proceed  in  passing  public 

acts,  211,  12 

on  petitions  of  an  adversary  nature,  212 

Assessment  of  damages,  how  to  be 

made,  51 

of  taxes,  provisions  for,  401 

Assessors,  how  appointed,  401 

oath  of,  *  318 

duty  of,  401 

Assignees  of  debts,  how  to  proceed  in 

foreign  attachment,  188 

Assumpsit,  limitation  of  action  of,         263 

Attachment,  when  granted,  34 

service  of,  on  personal  estate,  36 

on  writs  of  scire-facias,  87 

foreign,  how  to  proceed  in,  186 

on  lands,  36 

on  the  person,  36 

on  absent  and  absconding  debtors,  186 
on  estates  of  non-residents,  37 

property  exempted  from,  58 

Attainder  of  treason  or  felony,  21 


Attempt  to  commit  a  rape,  how  pun- 
ished, 95 
to  rob  or  kill,  how  punished,  95 
Attestation  of  wills,  how  made,  145 
Altornies,  when    names  of,  to  be  en- 
tered in  civil  actions,  40 
prohibited  to  purchase  debts,  265 
fees  of,  in  bills  of  cost,  349 
of  the  state,  how  appointed,  85 
to  give  bonds,  85 
oath  of,  86 
may  discharge  prisoners,           206. 20J> 
fees  of,  351 
to  collect  fines  and  forfeitures.  420 
to  render  annually,  accounts  of 

money  received,  420 

to  forfeit  his  office,  for  neglect,  420 
Attorney  of  absent  and  absconding 

debtors,  how  to  proceed  against,  186 
Attorney,  power  of,  to  execute  deeds 

of  lands,  254 

ACCTION,  duty  on  sales  at,  63 
Auctioneer  of  foreign  goods,  to  be 

licensed,  63 
bonds  of,  G4 
to  render  account  quarterly,  64 
Auditors,  when  appointed,  33 
in  actions  of  book  debt,  71 
of  state  accounts,  oath  of,  320 
in  actions  of  book  debt,  oath  of,  321 
of  treasurer's  accounts,  419 
Average   among  creditors,  of  insol- 
vent estates,  15S 
Avordupoise  weight,  standard  of,  434 
Award  of  arbitrators,  how  enforced,  62 
BAIL,  excessive,  not  to  be  required,  21 
right  of  prisoners  to,  before  con- 
viction, 21 
when  to  bo  taken,  in  civil  actions,  64 
'may  be  given  by  defendant,  when 

committed,  65 

when  liable,  65 

suit  against,  limitation  of,  65 

bonds  to  be  assigned  by  officer,  65 

remedy  of,  against  principal,  66 

in  criminal  causes,  115 
Ballast,  not  to  be  thrown  into  any 

river  or  harbor,  315 

Ballot,  what  elections  shall  be  by,  29 
BASKS.    INCORPORATED,   may    issue 

post  notes,  66 
not  to  emit  bills  less  than  one  dol- 
lar, 66 
penalty  for  emitting  bills  less  than 

one  dollar,  67 
shares  in,  to  be  considered  person- 
al estate,  6" 
cashiers  of,  their  duty  relative  to 

taxes,  403 
Bank  Shafes,  to  be  considered  person- 
al estate,  67 
how  attached,  36 
how  sold  on  execution,  60 
Bank  Slock,  statement  of,  amount  to 
be  lodged  with  the  comptroller,  6~ 


INDEX. 


417 


BARBERRY  BUSHES  may  be  destroyed,    68 
Barratry,  how  punished,  105 

Barrels,  bow  to  be  made,  243,  4 

BASTARD  CHILDREN,  maintenance  of,     68 
fathers  of,    how  to  be  proceeded 

against,  68 

order  for  maintenance  of,  69 

when  towns  may  prosecute  for 

maintenance  of,  69 

limitation  of  prosecution  for  main- 
tenance of,  70 
concealing  pregnancy  of,                      96 
delivery  of,  in  secret,                            96 
concealing  death  of,                             97 
Battery,  how  punished,                       106,  7 
Say-berries,  trespass  relating  to,  how 

punished,  423 

Beef,  inspection  of,  241 

Beer  measure,  standard,  434 

Beggars,  sturdy,  liable  to  be  sent  to 

work-house,  438 

Bestiality,  how  punished,  107 

Bigamy,  how  punished,  108 

Billiards,  playing  at,  prohibited,  112 

Bills  of  credit,  not  to  be  emitted  by- 
states,  11 
private,  not  to  be  issued,               109,  10 
Bills  for  public  acts,  how  to  be  proceed- 
ed with,                               26.211,212 
Binding  over  for  trial,     78. 107.  116.  136. 
^272. 279.  363 

t<5  good  behaviour,  91.  203 

Birtli  of  child,  revocation  of  will,        146 
Births  to  be  recorded,  416 

Blasphemy,  how  punished,  109 

Bill's  of  Exchange,  damages  on, 
rates  of, 

when  in  lieu  of  interest, 
Board  of  relief,  how  constituted, 
Soard  of  health,  how  constituted,         376 
may  establish  quarantine  regula- 
tions, 

may  appoint  health  officers,  376. 

Body,  dead,  proceedings  in  relation 

to,  when  found, 
digging  up,  punished, 
Bond,  for  prosecution,  when  required,   34 
on  taking  out  execution, 
new,  for  prosecution,  when  to  be 


given, 


40 


in  actions  on,  how  defendant  may 

plead  in  certain  cases, 
penal,  damages  on,  62 

judgment  upon,  the  breach  of  which 

may  happen'  at  different  times,        52 
on  appeal  from  county  court,  53 

for  prosecution  on  writs  of  error,      57 
by  auctioneers,  64 

condition  of,  by  auctioneer,  64 

bail,  officer  to  assign,  65 

for  prosecution,  liability  of  surety  on,  66 
form  of,  by  administrator,  147 

conservators  shall  give,  229 

by  overseers  of  Indians,  233 

BOOK  DEBT,  actions  of,  70 


BOOK  DEBT. 

testimony  of  parties  admissible  in,     70 
over  of  defendant's  book,  when  to 

be  given,  70 

auditors,  when  appointed,  71 

removal  of  action  irom  justices  of 

the  peace, 

when  no  costs  shall  be  allowed,         71 
limitation  of  action  of, 
Books,  obscene,  prohibited,  109 

BOUNDS  OF  TOWNS,  to  be  perambula- 
ted, 95 
Brau-ltrs,  liable  to  be  committed  to 

work-house,  438 

Breach  of  the  peace,  how  punished,     107 
how  restrained, 

of  pounds,  how  punished,  335 

Breaking  of  duelling-houses  in  the 

day  time,  99 

Bribery,  how  punished, 

in  elections,  135 

Bridges,  to  be  maintained  by  towns,    220 
how  built  by  adjoining  towns,  220 

towns  liable  for  deficiency  of,  220 

wilful  trespass  upon,   treble  dama- 

gcs,  424 

what  to  be  built  by  turnpike  com- 
panies, 430 
BRIEFS,  when  to  be  granted, 
Brockway's  Ferry,  fare  of,  171 
Burglary, 

where  there  is  personal  abuse,  68 

.CreaKng  a  store,  fcc.  with  intent  to 

steal, 

dwelling-house,  in  day  time, 
and  stealing  from  building  in  day- 
time, 102 
Burning  houses,  vessels,  fa*,  with  in- 
tent to  defraud  insurers, 
Blowing-ground*,  regulations  concern- 
ing,                                                 360,  1 
Butler,  inspection  of,                             247 
CANADA  THISTLE,  provisions  to  pre- 
vent the  spreading  of,  73 
Canvass  of  votes  for  public  officers,  by 

whom  to  bo  made,  23.  25. 27.  132. 138 
Captain  General  of  the  militia,  who 

'  shall  be,  25.  288 

Cards,  playing  at.  prohibited, 

selling  of,  prohibited, 
Carriages,  drivers  of,  regulated,  394 

drivers  and  owners  of,    liable  for 

damages,  395 

Caihiers  of  banks  may  seize  counter- 
feit bills  and  coin, 

Casks,  how  to  be  made,          243,  244,  245 
Casting  vote,  who  shall  have, 
Cattle,  when  to  be  impounded, 

how  to  be  replevied,  334,  7 

how  to  be  restrained  from  going  at 

large,  41& 

Caution,  how  to  be  entered,  respect- 
ing deeds, 

CATSF.S,  CIVIL,  regulated, 
Certificates,  forms  of,  for  voters, 


INDEX1. 


Certificates, 

for  school  money,  358,  9 

Chain-men,  to  be  sworn,  398 

form  of  oath,  320 

Challenge  of  jurors  in  capital  causes,    118 
to  a  duel,  how  punished,  105 

delivering  a,  105 

Chancery,  power  of  courts  of,  142 

Chapman's  ferry,  face  of,  regulated,      171 
Charcoal,  standard  measure  for,  436 

Children,  how  to  be  instructed,  71 

if  neglected,  to  be  bound  out  by  se- 
lect-men, 71 
stubborn,  how  corrected,  71 
when  liable  to  maintain  parents,      324 
how  to  be  instructed  in  factories,      272 
Christians,  to    enjoy  equal  powers, 

rights  and  privileges,  29,  30 

not  belonging  to  any  society,  may 

form  themselves  into  a  society,  392 
Christian  sects,  equality  of,  by  law,  20.  30 
CIVIL  ACTIONS  regulated,  34  to  61 

Civil  process,   not  to  be  served   on 

Lord's  days,  341 

Claims  against  estates   of  deceased 

persons,  when  barred,  150 

against  insolvent  estates,  when  bar- 
red, 159 
Clams,  fishery  of,  regulated,                  174 
CYerA:«,feesoM  granting  license  (o  auc- 
tioneers, 64 
to  pay  over  duties  on  sales  at  auc- 
tion to  the  state  treasurer,                64 
of  the  supreme  court  of  errors,  who 

shall  be,  80 

of  the  superior  court,  how  appointed,  83 
to  furnish  account  of  fines,  &,c.  to 

comptroller,  130 

to  account  for  court  fees  to  comp- 
troller, 130 
of  treasurer  and  comptroller,            343 
compensation  of,                                 343 
to  receive  and  pay  over  bills  of 

costs  in  criminal  cases,  420 

of  county  court,  how  appointed,  84 

to  furnish  account  of  fines  to  county 

treasurer,  419 

to  pay  court  fees  to  county  treasur- 
er, 422 
fees  of,  344 
of  superior  and  county  courts,  fees 

of,  in  criminal  cases,  360 

of  superior  and  county  courts,  when 
to  furnish  comptroller  with  ab- 
stract of  fines  and  forfeitures,        419 
of  town,  how  appointed,  414 

duty  and  power  of,  416 

fees  of,  349 

of  religious  societies,  how  appointed,  390 
power  and  duty  of,  390 

of  school  societies, how  appointed,     352 
power  and  duty  of,  352 

of  school  districts,  how  appointed,      354 
power  and  duty  of,  354 

of  the  house  of  representatives,         23 


Clerks, 
of  the  commissioner  of  the  schooi 

fund,  3i>; 

of  turnpike  companies,  430- 

Coaches,  drivers  of,  regulated,  394 

bow  to  be  taxed,  402 

Codicil,  containing   devise  of  land, 

how  witnessed,  145 

Coins,  gold  and  silver  only,  a  tender,    11 
counterfeiting,  how  punished,  100 

passing  counterfeit,  how  punished,  100 
possessing  counterfeit,  with  intent 

to  pass,  100 

passing  counterfeit,  how  restrained,  79 

Collector  of  school  district  taxes,  how 

appointed,  355 

power  and  duty  of,  355 

of  religious  society  taxes,  how  ap- 
pointed, 390 
power  and  duty  of,  390 
of  state  taxes,  how  appointed,  407 
power  and  duty  of,  407 
may  be  sued  for  negligence,  408 
when  execution  may  issue  for  nog- 
led,'  410 
of  I  own  taxis,  how  appointed,  410 
power  and  duty  of,  411 
fees  of,  412 

COLLEGE,  YALE,  corporation  of,          440 
students  of,  441 

Commissary  General,  how  appointed,  290 
duty  of,  290 

Commission   to  take  testimony,    how 

granted,  49 

to  take  answer  of  garnishee,  190 

Commissions,  how  to  be  made  out,        26 

Commissioner  of  school  fund,  duty  and 

power  of,  361 

to  exhibit  annually  an  abstract  of 

state  of  funds,  362 

may  appoint  a  clerk,  363 

vacancy  of,  how  filled,  363 

Commissioners  on  insolvent  estates,      157 
appeal  from  their  report,  157 

on  ferries,  168 

their  powers  and  duties,  168.  171 

compensation  of,  171 

in  cases  of  insolvency,  238 

of  sewers  and  scavengers,  365 

power  and  duties,  366 

of  turnpike  roads,  427 

power. and  duty  of,  427,  8 

to  inspect  the  account,  of  turnpike 
companies,  and  report,  428 

Commitment  of  defendants,  for  want 

of  bail,  65 

of  principal,  on  application  of  bail,    66 
of  delinquents,  by  justices  of  the 
peace,  116 

Committee,   engrossing,  appointment 
of,  212 

Committees  of  religious  societies,     390,  1 
to  lay  out  highways,  319 

oath  of,  319 

af  school  districts,,  how  appointed,  354 


INDEX. 


449 


Committees. 

of  courts  of  equity,  82 

health,  376.377 

Common  barralor,  who  may  be  pro- 
ceeded against,  as  such,  434 
Common  fields,  how  regulated,  162 
adjoining  towns  may  join,  in,  163 
Common  lands,  proprietors  of,  how  to 

proceed,  162 

may  be  altered  by  county  court,       163 
committee  may  set  to  each  propri- 
etor his  proportion  of  fence,          163 
for  trespass  on,  how  to  sue,  423 

Common  Nuisances,  how   punished 

and  abated,  314.  316 

Communities,  how  to  sue  and  be  sued,  76 
may  appoint  agents  or  attornies  to 

prosecute  or  defend,  75 

Companies,  incorporated,    shares  in, 

how  attached,  36 

for  manufacturing,  liability  of  mem- 
bers, 268 
executions,  how  levied  on  stock  of,  60 
shares  to  be  sold  at  auction,  61 
officer  to  transfer  shares,  61 
attachment  of,  &c.  when  there  is 

no  cashier,  61 

Compensation  lo  witnesses  in  crimin- 
al causes  from  without  the  state,  1 18 
for  making  discovery  and  giving  in- 
formation against  capital  offend- 
ers,  121 

for  forgery  and  horse  stealing, 
to  fence  viewers,  162 

to  commissioners  of  ferries, 
to  judge,  on  trial  ot  habeas  corpus,    219 
to  judges,  on  appeals  from  commis- 
sioners, 157 
to  clerk  of  proprietors  of  common 

fields,  162 

to  judge  advocate,  306 

to  members  of  courts  martial, 
to  pay-master  general, 
to  governor, 
to  lieutenant  governor, 
to  senate,  and  clerk,  342 

to  representatives,  speaker   and 

clerks, 

judges  of  supreme  court  of  errors,    343 
of  treasurer,  343 

of  comptroller,  secretary,  secretary 

of  governor  and  reporter,  243 

commissioner  of  school  fund  and 

clerk, 

clerks  of  treasurer  and  comptroller,  343 
of  superior  court  and  clerks, 
of  county  court, 
of  clerks  of  county  court, 
of  jurors  of  superior  and  county 

courts, 

of  courts  of  probate,  344.  346 

of  justices  of  the  peace,  346 

of  secretary  of  state,  346 

of  sheriffs  and  constables,          346.348 
of  town  clerks,  349 


Compensation. 

of  attorneys.  349 

of  gaolers,  349 

of  grand-jurors,  350 

of  witnesses  in  criminal  causes,  350- 
of  sheriffs  and  other  officers  in  do.  350 
of  clerks  of  superior  and  county 

courts  in  criminal  causes,  350 

of  justices  of  the  peace  in  do.  350 

of  states'  attornies,  351 

of  notaries  public,  351 

of  commissioners    on    turnpike 

roads,  429 

to  clerks  of  superior  and  county 
courts  for  receiving  and  paying 
over  costs, 

to  collectors  of  state  taxes, 
taking  up  and  securing  drifts,  426 

lo  health  officers, 

to  militia  when  called  oqt  by  sheriff,  372 
to  printers  of  public  acts,  364 

to  survevor  general  and  his  depu- 
ties,   '  398 
See  fees  and  salaries, 
Complaint  for  secret  assult,  how  to 

be  made,  363 

for  offences  punishable  by  commit- 
ment to  the  work-house,  438 
Comptroller,  how  appointed,  27 
oath  of,                                                317 
salary  of, 

power  and  duty  of,  27.  417 

to  be  furnished  with   abstract  of 

fines  and  forfeitures,  420 

statement  of  amount  of  bank  stock 

to  be  lodged  with, 

to  draw  orders  for  school  money,    359 
to  settle  accounts  of  commission- 
er of  the  school-fund,  363 
to  settle  accounts  of  state's  attor- 
nies, 420 
to  furnish  town-clerks  with  blank 

forms  for  return  of  lists,  402 

to  prepare  annually  an  abstract  of 

receipts  and  expenditures, 
racancy  of,  how  filled, 
authorized  to  contract  for  the  sup- 
port of  state  paupers, 
Concealment  of  pregnancy  and  secret 

delivery  of  bastard  child, 
of  the  death  of  bastard  child, 
of  estate  of  deceased  persons, 
Confinement  of  lunatic  and  distracted 

persons, 

of  persons  tried  for  murder,  230 

Congress,  members  of  may  not  be 

members  of  assembly, 
members  of,  how  chosen, 
canvass  of,  votes  for, 
Connecticut  River,  fishing  in,  regu- 
lated, .    176 
what  obstruction*  in  shall  consti 

tute  a  nuisance, 
rewards  for  securing  drifts, 


450 


LNDEX. 


Connecticut  River, 
logs  taken  up  in,  how  secured  and 

disposed  of,  425 

forfeiture  for  taking  them  away,       425 
Constrvators  of  lunatics  and  idiots, 

hm-   appointed,  228 

shall  give  bonds,  229 

p(»«  er  and  duty  of,  229 

Constables,  to  be  appointed  annually 

by  each  town,  75 

power  and  duty  of,  76 

prohibited  to  purchase  debts,  265 

how  appointed,  414 

oath  of,  76 

fees  of,  347 

authorised  to  commaud  assistance,     76 
penalty  for  neglect  of  duty  in  pro- 
secuting hue-and-cries,  76 
to  summon  jurors,                                46 
to  remove  paupers  from  one  town 

to  another  by  warrant,  236 

to   remove    inhabitants  of  other 

states  by  warrant,  236 

to  sell  creaturej  impounded,  333 

to  make  presentment  of  breaches  of 
the  laws  relating  to  the  sabbath 
and  to  taverns,  341.400,1 

Constitution  of  the  United  States,  5 

of  this  si  ate,  20- 

Contagious  diseases,  how  prevented,     376 
Contempt  of  court,  how  punished,        118 
for  not  obeying  writ  of  habeas  cor- 
pus, 220 
Continuance  of  actions  when  necessa- 
ry,                                    38  39.  40. 186 
Contracts,  when  to  be  in  writing,         200 
gaming,  void,  201 
of  persons  under  overseers,  void,    231 
by  Indians,  when  void,  234 
usurious,  void,  432 
Conveyance  of  lands,  by  deed,  how  to 

be  made,      >  254 

fraudulent,  void,  201 

Convicts,  importation  of,  prohibited,  77 
Co-parceners,  action  of  account  be- 
tween, 34 
Corn-measures,  standard  of,  434 
Corn  Meal,  inspection  of,  246 
Corporations,  private  rights  in,  how 

attached,  36 

shares  in,  how  sold  on  execution,      61 
how  to  declare  and  plead,  60 

how  to  sue  and  be  sued,  75 

Correction,  houses  of,  provisions  con- 
cerning, 436,  7,  8 
Costs,  in  civil  actions,  how   to  be  al- 
lowed, l+*  .  55 
where  none  shall  be  allowed,  Go 
where  none  is  allowed  in  action  of 

book  debt,  71 

in  criminal  cases,  119 

on  unsuccessful  pursuit,  120 

in  cases  of  scire  facias,  on  foreign 

attachment,  189 


Cottt, 

where  the  gartiUhee  reiuses  to  dis- 
close, )'.• 
in  criminal  prosecutions, 
to  be  paid  by  the  treasurer,              420 
recovered  against  the  treasurer, 

how  paid,  419 

Costs,  double,  when  to  be  paid,     71.315. 

(423.  429.  430. 

Counterfeited  bills  and  coins,  treasur- 
er, and  cashiers  of  banks  may 
seize  and  retain,  77 

justices  of  the  peace  authorized  to 

seize  and  deface,  78 

persons  possessing,  to  deliver  to 

justices  of  the  peace,  7& 

power  of  justices  to  examine,  bind 
over  or  commit  persons  possess- 
ing, 76 
power  of  treasurer  and  cashiers  to 
seize  and  deliver  to  justices  of 
the  peace,  79 
Counterfeiting  bills  and  coins,    how 

punished,  100 

possessing,  with  intent  to  pass,          100 
selling  counterleit  bills,  100 

making  plates,  Sic.  101 

possessing,  with  intent  to  pass,  coun- 
terfeit bills,  101 
possessing  bank  bills,   with  intent 

to  fill  up,  101 

possessing  plates  for  forging  bank- 

O'lls,  101 

public  seals,  how  punished,  104 

Counties,  stated  and  named,  79,80 

County  courts,  when  may  direct  exe- 
cution to  different  persons,  6& 
how  constituted,  83 
jurisdiction  of,  83 
in  the  absence  of  judges,   how  to 

proceed,  83,4 

how  formed,  when  all  the  judges 

are  disqualified, 

special,  how  called,  84 

may  appoint  their  clerks,  84 

presiding  judge,  has  casting  vote,  84 
alter,  and  establish  rules  of  practice,  84 
admit  attornies,  84 

appoint  attorney  to  the  state,  85 

to  take  care  of  county  property,        So 
may  license  the  keeper  of  the  gaol, 

as  a  taverner,  85 

sessions  of,  39 

to  have  a  seal,  90 

when  all  the  judges  are  disquali- 
fied, how  to  proceed,  93 
>~  may  make  orders  relative  to  notice 

on  petitions,  93 

to  appoint  conservators,  228 

fees  of 

expenses  and  avails  of,  421 

clerks  of,  to  make  out  a  list  of  fines, 

and  pay  over  fees,  422 

County  surveyora,  how  appointed,        397 

oath  of.  320 


INDEX. 


45J 


'Count;/  taxes,  how  laid  and  collected,  204 
County  treasurer,  duty  of,  421.  434 

Court  houses,  may  be  built  by  coun- 
ties, 205 
Courts,  direction  of,  to  jury,  50 
may  send  jury  to  a  further  examin- 
ation, 51 
parties  may  agree  to  try  issues  in 

fact,  by  52 

to  decide  issues  in  law,  52 

Cnal  jurisdiction  of  county,  in  cer- 
tain cases,  53 
appeals,  from  county,  53 
reference  of  actions,  pending  in,        62 
order  of  county,  for  maintenance  of 

bastard  children.  69 

may  discontinue  allowance  to  moth- 
ers for  support  of  bastards,  69 
how  constituted,  80 
supreme  court  of  errors,  80 
who  to  be  clerks  of,  80 
jurisdiction  of,  81 
to  institute  rules  of  practice,  81 
to  appoint  a  reporter,  81 
superior  court,  how  constituted,  82 
powers  of,  82,  3 
county  court,  bow  constituted,  83 
power  and  duties  of,  83  to  87 
of  probate,  how  constituted,  87 
when  disqualified,  89 
may  have  seals,  90 
contempt  of,  118 
direction  of,  in  criminal  cases,  119 
of  equity,  how  to  proceed,  142 
martial,  how  constituted,  301 
Crimes,  enumeration  and  punishment 

of,  95  to  121 

Criminals,  where  to  be  tried,  115 

when  entitled  to  bail,  115 

what  courts  have  jurisdiction  of,      116 

-when  bound  over  by  justices  of  the 

peace,  116 

how  their  recognizance  is  to  be  ta- 
ken, 116 
right  of  appeal,                               116 
Damages,  assessment  of,    how  to  be 
.    made,  61 
on  penal  bonds,  52 
*  on  writs  of  error,  56 
on  bills  of  exchange,                          313 
to  persons   injured  by  defective 

road  or  bridge,  220 

for  not  erecting  railings  on  roads 

and  bridges,  221 

for  lands,  taken  for  highways,  222.224 

(225,  226,  227 

•double  damages,  when  allowed,  315. 423 

treble,  when  allowed,  55.185.  207.  395. 

(423,  424.  434 

Dams  across  rivers,  how  prevented,     318 
Death  of  parties,  when  not  to  abate 

writ,  42 

Deaths,  untimely,  how  to  proceed  in 

cases  of,  122 

Debate,  freedom  of,  24 


Debates  of  each    bouse  of  assembly, 

when  to  be  public,  24 

Debtors,  when  execution  may  be  levi- 
ed on  body,  go 
imprisoned,  how  to  be  supported,  206 
not  to  be  lodged  with  criminals,  206 
poor  debtor's  oath,  207 
when  to  take  oath,  207 
to  be  supported  until  they  take  poor 

debtor's  oath,  208 

absent  and  absconding,  how  to  pro- 
ceed against,  jge 
Dtbts,  mutual,  when  to  be  set  off,        44 
priority  of,    against   insolvent  es- 
tates, 159 
against  insolvent  debtor?,  159 
Decree  of  court  of  equity,  how  to  be 

made,  142 

DECLARATION  OF  INDEPENDENCE,  1 

Declaration  of  rights,  20 

Declaration  in  suits,  what  to  contain, 

and  by  whom  signed,  34 

condifion  of  bonds   not  set  out  in, 

how  defendant  may  plead,  46 

Deeds  of  lands,  how  to  be  executed,     254 
how  to  be  recorded,  255 

01  married  women,  how  to  be  ex- 
ecuted, 256 
without  seal,  made  valid,  256 
when  grantor  is  ousted  of  posses- 
sion, to  be  void,                              253 
Default,  judgment  by,  35 
Defendant,  appearance  of,  on  process 

duly  served,  37 

continuance,  when  out  of  the  stale,   38 
plea  of,  not  to  avail  him  in  certain 

cases,  43 

when  bailed,  may  not  plead  with- 
out special  bail,  65 
oyer  of  book  account,  70 
may  plead  that  plaintiff  owes  him 

in  action  of  book  debt,  71 

Degrees   of  kindred    within    which 

marriage  is  unlawful,  108 

Delinquent,  how  punished,  114 

for  second  and  third  conviction,       115 
female,  how  punished,  115 

when  justices  may  send  to  the  work- 
house, 115 
where  tried,  115 
when  bound  over,  116 
if  committed,  bow  bailed,  116 
when  to  be  indicted  by  grand-jury,  117 
when  entiiled  to'peremptory  chal- 
lenge of  jurors,  118 
evidence  in  capital  cases,  118 
evidence  in  cases  of  forgery,  118 
direction  of  court  to  the  jury,  in 

trials  of,  119 

entitled  to  writ  of  error,  119 

costs  of  prosecution,  bow  to  be  paid,  119 
reward    for  discovery,  and  giving 

information,  120 

to  be  offered  by  governor,  121 


452 


INDEX. 


Demand    on    execution,  how  to  be 

made,  58 

on  foreign  attachment  1W 

Demands  against  estate  of  deceased 

persons,  how  barred,  150 

against  insolvent  estates,  159 

mutual,  \vht-n  to  be  set  off,  44 

Demurrer,  to  be  decided  by  the  court,  52 
Deposition,  when  and  how  to  be  taken,  47 
not  to  be  written  by  any  person  in- 
terested, 48 
how  witnesses  compelled  to  give,      48 
when  and  how  to  be  opened,  48 
order  for  taking,  49 
commissions  to  take,  49 
copies  of,  available,                               49 
to  perpetuate  testimony,  how  to  be 

taken,  48,  49.  143 

Deputation  to  serve  writs,  by  justices,  35 
special,  by  sheriffs,  36 

Deputy  sheriff's,  how  appointed   and 

approved,  373 

to   continue   ia  office,  after  death 

of  sheriff, 

perquisites  required  of, 
not  to  fill  up  writs,  374 

to  indorse  items  of  fees,  374,  5 

forfeiture  for  taking  unlawful  fees,  375 
Dtputy  surveyors,  how  appointed,  397 
Derby  ferry,  fare  of,  172 

narrows,  174 

Devise  of  lands,  how  to  be  witnessed,  145 
Devisets,  when  wituessesto  wills,  de- 
vise to  be  void,  145 
DETAINER,  FORCIBLE,  mode  of  pro- 
ceeding in,  184 
Directors  of  turnpike  companies,          429 
Discharge,  must  be  pleaded,  44 
ef  military  officers,  how  made,         308 
Disclosure  by  garnishee,                        187 
by  defendant   in  equity,  not  con- 
clusive,                                          144 
on  foreign  attachment,                       189 
by  persons  suspected  to  be  infect- 
ed with  small  pox,                          381 
Discontinuance  of  highways  ordered,    227 
Disintermenl  of  dead  bodies,                 122 
prevention  thereof,                             123 
Distribution  of  the  powers  of  govern- 
ment, 22 
of  intestate  estates,  how  made,      153,  4 
of  laws,  how  made,                             364 
of  school  money,                               359 
Distributer*  of  intestate  estates,             153 
District  schools  established,                    353 
power  and  duty  of,                             354 
Disturbance  of  public  worship,              341 
of  town- meetings,                               278 
of  meetings  in  the  fields,                   2SO 
Division  of  intestate  estates,                  153 
Divorces,  in  what  cases  to  be  granted,  124 
mode  of  proceeding,  and  giving  no- 
tice,                                                 124 
alimony,  to  be  allowed.                   124 


Dogs,  how  restrained,  l'2o 

what  may  be  killed,  12T> 

to  wear  collars,  12(3 

owners  to  pay  damages  done  by,      12<5 

Double    costs,  when  to  be   paid,  71.  315. 
(424.  429,  430 

Double  damages,  when  allowed,    315.  424 

Double  loll,  when  paid,  429 

DOWER,  who  shall  be  entitled  to,         126 
how  to  be  set  out,  127 

tenant  in,  to  keep  estate  in  repair,     127 
when,  shall  be  distributed,  155 

Drains  and  water  courses,  in  turnpike 

roads,  429 

Drivers  of  carriages,  how  regulated,     394 

Drunkards,  common,  liable  to  be  com- 
mitted to  work-bouse,  438 

Duel,  challenge  to,  105 

delivering  challenge,  105 

Duties,  on  sales  at  auction,  63 

clerk  to  pay  over  to  state  treasurer,    G4 
on  writs,  128 

on  appeals, 

on  licenses,  128 

on  sales  at  auction,  129 

receivers  of,  to  account  with  the 

treasurer,  129 

commission  on, 

return  of,  129 

receivers  of,  not  accounting,  dis- 
qualified for  holding  their  office,  130 
not  to  be  refunded,  131 

appropriation  of,  131 

ELECTION,  time  and  place  of  holding 

electors' meetings,  131 

how  warned,  134 

presiding  officer,  how  designated,     132 
return  of  votes,  how  made,  132 

list  of  votes  to  be  laid  before  the 

assembly, 

votes,  when  to  be  counted,  13S 

majority  to  constitute  a  choice,         133 
presiding  officer  to  make  certificate 

of  votes,  133 

form  of  certificate,  133,  4 

penalty  for  unduly  voting,  135 

undue  influence  prohibited,  135 

bribery,  how  punished,  135 

illegally  obtained,  void,  135 

Electors'  meeting,  penalty  for  disturbing,136 
mode  of  voting  in,  136 

civil  authority  to  assist  presiding  of- 
ficer, 136 

Electors,  qualifications  of,  28,  9 

examination  of,  140 

list  of,   to   be  lodged  with  town 

clerk, 

names  to  bo  enrolled, 
oath  of,  141 

admitted  in  other  towns,  to  pro- 
duce certificates,  141 
must  have  resided  four  months  in 

the  town  where  they  vote,  141 

oath  of,  316 

Ely's  ferry,  fare  of,  regulated. 


JNDKX. 


45S 


Embezzlement  of  property  of deceased 

persons,  149 

Encroachments  on  highways,  how  re- 
moved, 31~f 
on  turnpike  roads,  how  removed,  431.  - 
Knfield  ferry,  fare  of,  I  ''•'• 
Engine  companies,  age  of  members,      174 
Equity,  jurisdiction  of  superior  courts,  82 
courts  of,  how  to  proceed,                 142 
no  appeal  from  their  decrees,            142 
may  order  notice,                                 142 
must  find  the  facts,                               142 
have  power  to  pass  title  to  land,        142 
disclosure  in,  not  conclusive,             144 
•*2rro/-,  writs  of,  at  law,  when  they  can 

be  brought,  56 

proceedings  on  reversal,  5(3 

interest  on  judgments  not  reversed,  5(5 
signing  of,  5(> 

•bonds  for  prosecution,  57 

service  of,  57 

how  served  on  petitioners  for  high- 
ways, 57 
parly  entitled  to,  may  file  motion 
for  removal  of  records  to  su- 
preme court,  57 
'Escape,  of  prisoners  from    newgate, 

effecting,  104 

from  pounds,  335 

ESCHEATS,  concerning,  144 

treasurer  to  take  care  of,  146 

to  render  his  account,  145 

Estate,  how  long  to  be  Lolden  by  at- 
tachment, 37 
ESTATES,  in  what  district  administra- 
tor shall  be  appointed, 
form  of  bond,  of  administration,         147 
administrator  to  cause  an  invento- 
ry to  be  made,                                 148 
new   appraisement,  when    to  lie 

made,  149 

penalty  for  not  making  inventory,     149 
•persons  embezzling  the  estate,  lia- 
ble as  executors  in  their  own 
wrong,  149 

"how  to  proceed  against  those  who 

conceal,  149 

iiotice  to    bring  in  claims,  150 

when  suit  must  be  brought,  in  cer- 
tain cases,  150 
extension  of  time  on    decease   of 

creditors,  151 

executor  may  release  equity  of  re- 
demption, 151 
real,  when  they  may  be  sold  in 

preference  to  personal,  153 

distribution  of  intestate,  how  made,  153 
when  estate  of  devisee  or  legatee 
is   taken   to   pay   debts,  others 
shall  contribute,  153 

insolvent,  how  to  be  settled,  156 

appointment  of  commissioners,         157 
time  within  which  claims  are  to  be 

exhibited  against,  157 

suits  not  to  be  brought  pending  the 
settlement  of.  158 


ESTATES, 

necessaries    to    be    allowed   to 

widow,  153 
judge  to  order  sale  of  personal  and 

ro.i I  property,  158 
when  deficient,     average    to   be 

made  among  the  creditors,  158 
creditors  to  be  barred  in  certain  ca- 
ses, 157 
provision  for  creditors  to  bring  in 

their  claims,  159 
a  debt  due  the  state  to  be  paid  in 

full,  159 
Evidence,  in  capital  cases,  118 
in  prosecutions  for  forging  or  put- 
ting off  forged  bank  bills,  118 
witnesses,  how  compelled  to   ap- 
pear, 118 
compensation  of,  when  out  of  state,  118 
testimony  of,  how  perpetuated,  143 
by  depositions,  how  taken,  47 
records  of,  how  made,  49 
public  writings,  how  made  out,  50 
in  trials  of  treason,  31 
of  importing  convicts,  77 
of  secret  assault,  364 
of  certain  trespasses,  423 
of  damage  done  in  the  night  season,  424 
Eximiners  of  electors,  who  shall  be,  140 
when  and  where  to  meet,  140 
mode  of  proceeding,  140 
to  be  sworn,  141 
oath  of,  141 
Excessive  bail  and  fines,  not  to  be  re- 
quired or  imposed,  21 
Executions,  how  directed  and  return- 
ed, .                                                57, 8 
property  exempt  from,  58 
when  to  be  levied  on  the  body,  59 
copy  of,  to  be  left  with  gaoler,  59 
when  and  how  to  be  levied  on  land,  59 
levy  of,  to  be  recorded  and  returned,  60 
fees  for  returning,  60 
when  county  court  may  direct  to 

indifferent  persons,  60 
when,  must  be  levied  on  body  of 
debtor  committed  on  mesne  process,  60 
levy  of,  on  stock  of  incorporated 

companies,  how  made,  60 
copy  of,  to  be  left  with  officers  of 

incorporated  companies,  61 
officer  to  transfer  shares  and  leave 

copy  of,  with  cashier,  &c.  61 
levy   of,  where  there  is  no  cash- 
ier, &c.  61 
form  of,  197 
Executive  of  the  United  States, 
of  this  state, 

officers,  oath  of,  31 
Executors,    when    account   will  lie 

against,  34 
may  enter  for  plaintiff,  or  be  made 

defendants,  42 
must  prove  the  will,  or  refuse  the 

trust,  146 

penalty  for  neglect,  146 

59 


464 


INDEX- 


'Executors, 

administrator  to   be  appointed,  if 

they  refuse,  146 

.    'his  duly  to  prove  the  will,  146 

penalty  for  neglect,  147 

to  give  notice  to  bring  in  claims,      150 

may  release  mortgage   of   minor 

heirs,  151 

must  keep  biuMings  in  repair,  151 

notice  to  be  given  of  exhibition  of 

his  account,  151 

when  maybe  removed,  151 

new,  to  be  appointed,  162 

how  to  proceed,  152 

when  further  security  may  be  re- 
quired, 152 
to  sell  lands  under  the  order  of  the 

court,  152 

'Exemption  of  members  of  the  legisla- 
ture from  arrest,  24 
of  electors  from  arrest,  29 
of  properly  from  execution,         58,331 
of  persons  from  taxation,                    404 
of  real  estate  from  taxation,               405 
Exhibitions,  theatrical,  prohibited,        113 
Expulsion  of  members  of  assembly,        24 
factories,  regulation  of  children  em- 
ployed in,                                        272 
Factor,  4*c.    of    absconding   debtors, 

how  to  proceed  against,  186 

"False  witnesses,   with  intent  to   take 

life,  how  punished,  95 

Fast  days,  labor  on,  prohibited,  341 

Feet  and  inches,  standard  of,  434 

Fees  of  clerks  granting  license  to  auc- 
tioneers, 64 
of  pound  keepers,  335 
of  the  superior  court,  343 
of  the  county  court,  343 
of  clerks  of  the  county  courts,  344 
of  jurors,  344 
of  courts  of  probate,  344, 5 
ol  justices  of  the  peace,  346 
of  secretary  of  state,  346 
of  sheriff's  and  constables.  347 
items  of,  to  be  noted,  348 
of  parties  in  civil  actions,  348 
for  laying  out  highways,  349 
of  town  clerks,  349 
ofattornies,  349 
of  gaolers,  349 
of  writs  and  petitions,  349 
of  grand-jurors,  350 
of  witnesses,  in  criminal  causes,  350 
of  sheriffs  and  other  officers,  in 

criminal  causes,  350 

of  clerks  in  criminal  causes,  350 

of  justices  of  the  peace  in    do.          350 
of  state  attornies,  351 

of  notaries  public,  351 

of  trial  of  forcible   entry  and  de- 
tainer, 351 
Fellows  of  YaJc  College,  440 
Female  convicts,  how  punished,  115 
Femecovert,ho\v\Q  convey  her  lands,  256 
may  make  wills,  145 


FENCES,  what  shall  be  sufficient,          16$ 
how  maintained  by  adjoining  pro- 
prietors, 160 
where  one  makes  the  \yhole,  bow 

to  proceed,  160 

how  to  be  divided,  161 

how  to  proceed,  when  divisional, 

are  not  in  repair,  161 

when  one  opens  his  enclosure,         161 
when  thev  cannot  be  placed  in  the 

line,  161 

of  common  fields,  164 

double  damage  for  throwing  down,  423 

Fence  viewers,  to  be  appointed    by 

.towns,  414 

to  decide  on  sufficiency  of  fences,    160 
by  proprietors  of  common  fields,      162 

Ferries,  by  whom  kept  and  maintain- 
ed, 166 
how  to  be  furnished,  166 
how  to  be  tended,  167 
lawful  fare  of,  only  to  be  taken,  167 
rate  of  fare  of,  to  be  set  up,  167,  8 
commissioners  of,  how  appointed,  168 
their  power  and  duty,  168 
compensation  of  commissioners,  171 
fares  of,  regulated,  171. 174 

Fields,  common,  regulated,  162 

Field  compass,  to  be  kept  by  surveyor 
general,  and  deputies,    •>  397 

Fines,  114 

Firts,  damage,  by  running  of,  on  to 

another's  land,  to  be  paid,  423 

Fish,  inspection  of,  243 

Fisheries,  regulation  of,  174 

in  Connecticut  river,  176 

forfeiture  for  violating  laws  of,          175 
mode  of  proceeding,  175 

nets  and  seines  may  be  seized,          176 
in  Ousatonnic,  177 

in  Windsor  ferry  river,  178 

in  Quinebaug,  176 

in    Shetucket,    Willimantic,    and 

Shetauge,  179 

in  Selden's  Cove,  and   Eight  Mile 

River,  180 

in  Thames  River,  180 

in  Key's  Brook,  180 

in  East  River,  New-Haven,  181 

in  PautuckeJ,  %  182 

Flour,  inspection  of,  244 

FORCIBLE    ENTRY    AND    DETAINER, 

proceedings  in,  184 

trial  and  judgment,  155 

fees  in,  357 

FOREIGN  ATTACHMENT,  proceedings 

in,  186 

most  be  continued,  186 

FOREIGNERS,  how  to  hold  real  estate,  191 
how  to  gain  settlement  in  towns,    234 

Forgery  of  public  sureties,  98 

of  any  writi  ig,  99 

uttering  and  publishing  any  forged 
writing,  knowing  the  same,  100 

FORMS  of  certificate  of  votes,  133, 4 


J£ORJIS,. 

blanks  of,  to  be  distributed  by  the 

secretary,  135 

of  writs  in  certain  cases,  191,  2 

of  executions,  197 

of  writ  of  replevin  and  bond,  198 

of  warrant  for  taxes,  199 

Fornication,  how  punished,  108 

FRAUDS    AND   PERJURIES,  how   pre- 
vented, 200 
FRAUDULENT  CONVEYANCES,  void,       201 
punishment  for  making  them,  201 
Freedom  of  the  press  and  speech  se- 
cured, 20 
Gamblers,  playing  at  cards  for  money,  1 1 1 
'TAMING — selling  of  playing  cards,        112 
keeping  of,  by  taverners                     112 
keeping  billiard  table,                          112 
gaming  at        do.                                112 
taverner,  suffering  gambling,              112 
owning  billiard  or  E.  0.  table,         113 
how  prevented, 

money  lost  may  be  recovered  back,  202 
billiard  and  E.O  table  may  be  des- 
troyed, 203~ 
keeping  implements  of,  how  pun- 
ished,                                               203 
'3.VOLS,  to  be  kept  in  each  county,       204 
expen-e  of,  how  defrayed,  204 
sheriff,  to  be  keeper  of,                      205 
sheriff  shall  be  liable  for  escape,       205 
liberties  of,  how  established,            205 
prisoners  entitled  to  liberties  of,        205 
removal  of  persons  from,  in    case 

of  sickness,  209 

to  be  used  under  authority  of  the 

United  States,  200 

counties  liable  for  escape  trom,         210 
provision  for,  when  none  in  coun- 

ty,  210 

debtors  in,  how  to  be  supported,      208 
criminals  not  to  be  confined  with 

debtors,  208 

Garnishee.  when  judgment  may  be 

rendered  against  him, 
may  declare  on  oath,  187 

when  demand  must  be  made  of,        190 
on  his  refusing  to  appear,  must  pay 

costsj  190 

Gaoler,  how  appointed,  205 

fees  of,  2-19 

Gales  on  t-irnpike  roads,  when  to  be 

set  open,  430 

GENERAL  ASSEMBLY,  how  constituted,  22 
stated  session  of, 
powers  of  each  house  of, 
how  to  proceed  with  public  bill?,      211 
adversary  petitions  to  be  referred 

to  joint  committees, 
officers  of,  how  chosen, 
public  acts  of,  when  to  take  effect,  212 
petitions  to,  of  an  adversary  na- 
ture, 330 
General  issue,  when  it  may  be  pleaded,     42 
Goods  lost,  how  to   be  proceeded 

with,  395,6 


Goods, 
attached,  when  to  be  levied  on  by 

execution, 

exempted  from  execution,  58 

Government,  powers  of,  distributed,       22 

GOVERNOR,  how  chosen,  132 

lieut.  how  chosen,  132 

may  appoint  notaries,  212 

may  appoint  secretary,  212 

may  administer  oaths,  213 

compensaiion  of  private  secretary,  213 

salary  of  secretary  of,  343 

GRAND  JURORS,  how  appointed,          213 

their  duty,  214 

power  to  compel  attendance  of 

witnesses, 

penalty  for  neglect  of  duty, 
when  summoned  by  sK/)erJ6rcourts,214 
fees  of,  350 

Grand-jury,  indictment  by,  when  ne- 

cessarv,  21 

Grist-mills',  toll  of,  regulated,  308 

penalty  for  taking  more  than  legal 

toll,  30<y 

sealed  measures,  to  be  provided 

for  each,  30<> 

Guards,  how  enlisted,  307 

of  New-Gale,  ^CO 

GUARDIANS,  how  appointed,  21G 

bonds  to  be  taken  of,  217 

h«w  to  be  removed,  217 

may  be  called  to  account, 
may  release  mortgages  of  vrard,       217 
may  make  partition  of  lands, 
may  sell  lands  by  order  of  court,      218 
where  to  apply  for  order  of  sale,      218 
power  to  convey  equity  of  redemp- 
tion  of  his   minor    in     certain 
cases,  143 

court  authorised  to  appoint  a  guar- 
dian, ad  lilem,  143 
HABEAS  CORPUS,  writ  of,  when  and 

how  issued, 

when  it  may  be  suspended,  21 

how  served, 

penalty  for  disobedience  of,  219 

trial  on,  220 

Haddam  island  ferry,  fare  of,  171 

Harbours,  ballast  not  to  be  thrown 

therein,  315 

Harlford  and   New-Haven  turnpike 

company,  certain  rights  or',  432 

Hawkers,  prohibited  to  sell  foreign 

goods 

and  indigo  and  feathers,  330 

Hayu-ards,  to  be  appointed  by  towns,  414 

to  impound  swine, 

Hay  pressed,  inspection  of,  247 

Hearse  and  Pall,   how  to   be  provi- 
ded, 360 
Hereditary  emolument?,    privileges 

and  powers,  not  to  be  granted,        22 
Heirs  on  distribution,  to  give  bond  to 

refund,  1^5 

Bigganum-ferry,  fare  of.  regulated,      ITi 


INDEX. 


Highways,  writ  of  error  against  peti- 
lions  for,  011  whom  and  how  to 

be  served,  57 

to  he  maintained  by  towns,  220 

towns  liable  for  deficiency,  220 

when  railings  to  be  erected  on,  221 
how  to  be  laid  out  by  selectmen,  222-3 
how  to  proceed  in  laying  out  by 

county  court,  223 
how  laid  out  in  cities,  226 
how  discontinued  by  select  men,  227 
how  kept  in  repair,  227 
states'  attorney  ma}1  malce   com- 
plaint when  out  of  repair,  228 
encroachments  on,  how  removed,  314 
penalty  for  repeating  tfie  offence,  315 
fees  for  laying  out,  349 
Horse  racing,  prohibited,  -  111 
betting  upon,  111 
Horse  stealing,  how  punished,  102 
House  of  Representatives,  how  consti- 
tuted, 22 
officers  of,  23 
quorum  of,  23 
to  make  its  own  rule?,  24 
to  keep  journal  of  its  proceedings,    24 
members  of,  prirHeged  from  arrest,  24 
debates  of,  to  be  public,  24 
to  appoint  engrossing  committee,  212 
to  make  out  their  debentures,  212 
Hue-and-cry,  by  whom  to  be  received 

and  set  forth,  76 
Idiots,  conservators  of,  how  appoint- 
ed, 228 
estate  of,  how  managed,  229 
Idle  persons,  how  taken  care  of,  231 
liable  to  be  committed  to  work- 
house, 438 
Impeachment,  pc  vver  of,  30 
trial  of,  how  conducted,  30 
what  officers  liable  to,  31 
judgment  in  cases  of,  31 
Impounding  cattle,  332 
imprisonment,  when  allowed  for  debt,  59 
fi«r  crimes,  116 
Incest,  how  punished,  108 
Indentures  of  apprenticeship,  270 
INDIANS,  how  protected,  233 
Indictment,  when  necessary,  117 
proceedings  in,  117 
Indifferent  persons,   when  to  serve 

civil  process,  35 
where  execution  may  be  directed 

to,  and  by  whom,  60 
Infectious  diseases,  spreading  of,  how 

prevented,  376 
Information  for  offences,  to  be  made 
by  grand-jurors  and  attornics  for 

the  state,  215 

for  breaches  of  the  sabbath,  841 

Informing  officers,  duties  of,  1 14 
Inhabitants,  how  to  gain  settlements 

in  towns,  234 
of  other  states,  236 
foreigners,  how   to   gain   settle- 
ments, 234 


Inhuhilants, 

of  one  town,  how  to  gain  settle- 
ment in  another,  23< 
paupers,  how  (o  be  removed, 
may  be  warned  to  depart,  236 
of  other  states,  not  to  be  entertain- 
ed in  this,  237 
paupers  not  be  brought  into  this 

slate,  237 
Injunction,  writs  of,  by  whom  grant- 
ed, 143' 
fan-keepers,  how  appointed,  398 
not  to  suffer  minors  to  sit  drinking 

in  their  houses,  399 
or  of  other  towns,  399 
not  to  sell  liquors  on  Lords'  day,  399 
nut  to  keep  implements  of  gam- 
bling;, 399 
may  be  admonished,  400 
to  be  licensed,  400 
Inquest,  in  what  cases  shall  be  held,  122 
penalty  for  neglect  of  juror,  122 
Insane  persons,  how  to  be  taken  care 

of,  228 

Insolvent  estates,  how  settled,  156 

debtors,  how  liberated,  207 
Insolvency,  acts  of,  when  and  how 

granted,                                        238,  & 
INSPECTION  OF  PROTISIONS,  how  reg- 
ulated, 241 
offish,  243 
of  flour,  244 
of  corn  meal,  244 
of  shingles,  245 
of  staves,  246 
of  onions,  246 
of  butter,'  247 
of  pressed  hay,  247 
of  lard,  247 
Inspection  of  turnpike  roads,  427 
Inspectors  of  provisions,   fee.    how 

appointed,  and  duty,  241 
forfeiture     for     using     unsealed 

weights,  247 

oath  of,  248 

fees  of,  249 

Inspector-general,  how  appointed,  241 

power  and  duty  of,  241,  to  247 

INTKMPERANCE,  how  restrained,  249 

Interest  on  judgments  not  reversed,  56 

of  money,  rate  of,  443 

Intestate  estates,  how  settled,  147 

Inventories,  how  to  be,  147 

Issues,  in  fact  when  tried  by  a  jury,  45 

when  tried  by  the  court,  62 

in  law,  court  to  decide,  52 

Joint    contractors,   how  to  be    sued 

when  a  part  are  out  of  the  state,  39 
Joint  tenants  to  have  account  against 

each  other,  34 

partition  of  lands  of,  256 

Jointure,  how  to  be  made,  128 
Journal  to  be  kept  by  each  house  of 

the  general  assembly,  24- 

Jitige-ttdvocQte,  how  appointed,  304 


rNDEX. 


*:  how  to  be  appointed,  28. 93 

tenure  of  office,  28 

limitation  ot  term  of  office  by  age,     28 
removable,  in  what  manner,  28 

when  disqualified  by  relationship, 

or  by  interett,  92 

of  superior,  and  supreme  court  of 
errors,  may  not  be  members  of 
assembly,  32 

cannot  hold  the    office  of  sheriff, 

constable,  or  tavener,  92 

continuance  in  office,  93 

of  supreme  court  of  errors,  348 

Judgments  upon  bonds,  the  breach  of 
which  may  happen  at  different 
times,  52 

proceeding  on  when  reversed,  56 

interest  on  when  not  reversed,  56 

on  award  of  arbitrators,  62 

Judicial  department,  established,  28 

Judicial  proceedings  in  one  state,  ef- 
fect of  in  another,  14 
Jugglers,  liable  to  be  committed  to 

work-house,  433 

Jurisdiction  of  justices  of  the  peace,  41.90. 

[91 

final,  of  county  courts,  53 

of  supreme  court  of  errors,  81 

of  superior  court,  82 

equity,  of  superior  court,  82 

Jurors,  to  try  issues  in  fact,  45 

how  appointed  and  returned,  45 

how  drawn  and  summoned,  46 

direction  of  court  to,  50 

when  court  may  send  to  a  further 

consideration, 

misconduct  of,  how  punished,  51 

to  be  under  charge  of  an  officer,        51 
peremptory  challenge  of,  118 

in  forcible  entry  and  detainer,          184 
number  to  be  appointed  in   each 

town,  250 

fees  of,  344 

Jury,  right  of  trial  by,  to  remain  invi- 
olate, 22 
Justices  of  the  peace,  appointment 

of,  28.  93 

continuance  in  office,  28.  93 

jurisdiction  of,  41 

appeal  from,  when  the    right  of 

water  is  concerned,  54 

authority  to  issue  criminal  process,  116 
fees  of,  in  civil  cases,  346 

fees  of,  in  criminal  cases,  350 

what  offices  incompetent  to  hold,  92 
when  disqualified  from  relation- 
ship, 92 
civil  jurisdiction  of,  41.  91. 2 
criminal  jurisdiction  of,  91 
records  of,  how  preserved,  in  case 

of  death,  336 

powers  and  duties  of,  in  particular 
cases,  34.  40.  78.  90.  91.  116.  92 

may  issue  warrant  to  commit  of- 
fenders to  work-house,  438 
Keeper  of  new-gate  prison,  how  ap- 
pointed,                                         309 


Keeper  of  newgate  prison,  power  of,     310 
of  the  seal  of  the  state,  secretary  to 

be,  27. 364 

Kenney's  ferry,  fare  of,  173 

Kidnapping,  how  prevented,  97 

Kindred,  prohibited  to  intermarry,       108 
to  support  poor  relations,  324 

King's  ferry,  fare  of,  172 

LANDS,  title  of,  to  be  tried  in  county 

where  situated,  41 

when   execution  to  be  levied  on, 

and  how  to  proceed,  59 

deeds  of,  from  indians,  void,     234.  255 
from   persons  out   of  possession, 

void,  234 

tenure  of,  in  this  state,  252 

given  for  public  uses,  so  to  re- 
main, 253 
limitation  to  prevent  perpetuities,  253 
rule  in  Shelley's  case  abolished,  253 
collateral  warranty,  when  void,  254 
aliens  cannot  hold,  i'.54 
deed  of,  how  executed,  254 
caution,  when  to  be  entered,  254 
deeds  of,  to  be  recorded,  254,  5 
leases  of,  to  be  in  writing,  255 
partition  of,  how  made,  256 
deeds  of,  by  married  women,  how 

executed,  256 

executors,  power  of  to  convey,        256 
common  and  undivided,  how  man- 
aged, 257 
summary  process,  to  recover  pos- 
session of,                                      259 
how  to  proceed,                                  260 
limitation  of,  entry  into,  262 
how  sold  for  taxes,  412 
Lard,  inspection  of,  247 
Lascivious  carriage,  how  punished,       108 
Laws  of  other  states,  how  proved,          50 
to  be  made  in  support  of  free  suf- 
frage, 29 
of  the  United  States,  how  distribu- 
ted,                                                   364 
of  this  state,  how  published  and  dis- 
tributed,                                          364 
style  of,  22 
revised,  confirmed,                             442 
when  to  take  effect,                       422,  3 
Leases  of  lands  to  be  in  writing,           255 
when  and  how  to  be  recorded,         255 
Leather,  tanning  of,  regulated,              261 
penalty  for  fraudulently  stamping,  261 
Legislative  power,  where  vested,  22 
Legislature,  how  constituted,  22 
how  elected,                                      131 
how  to  proceed,                                211 
Levy  of  executions,  manner  of,  direct- 
ed,                                                   58 
Libel,  in  prosecution  for,  truth  may 

be  given  in  evidence,  20 

Liberty  of  speech  and  of  press,  20 

LIBRARY  COMPANIES,  incorporated,     261 
License,  to  tanners  of  leather,  261 

to  tavern  keepers,  398,  9.  400 

penalty  for  auctioneer  selling  with- 
out, 263 


458 


INDEX. 


License. 

civil  authority,  to  grant,  64 

to  be  valid  for  one  year  only,  64 

Licensed  houses  regulated,  399 

Lieutenant. governor,  how  chosen,  25.  132 
salary  of,  342 

to  be  president  of  the  senate,  26 

when  to  exercise  the  powers  of  gov- 
ernor, 26 
LIMITATION  of  subscriptions  to  bank 

stock  by  corporation.  67 

of  prosecution  for  maintenance  of 

bastard  children,  70 

of  suits  to  recover  the  amount  of  a 

counterfeit  bill  or  note,  78, 9 

of  appeal  from  probate  courts,  155 

of  granting  administration,  156 

of  proving  a  will,  156 

of  scire-facias,  190 

to  prevent  perpetuities,  253 

of  entry  into  lauds,  262 

of  actions  on  specialities,  263 

of  account,  book  debt,  and  assump- 

sit,  263 

of  trespass  on  the  case,  263 

of  actions  on  contracts  not  reduced 

to  writing,  263 

of  action  of  trespass,  and  of  case  for 

words,  263 

of  actions  on  penal  statutes,  263 

of  actions  against  officer  for  neglect 

of  duty,  263 

of  a  new  suit  after  reversal  of  judg- 
ment, 263 
of  writ  of  error,  264 
of  petition  for  new  trial,  264 
of  treason  and  newgate  offences,  264 
of  crimes  not  punishable  with  death 

or  newgate,  264 

of  prosecutions  for  breach  of  law, 

regulating  pounds,  335 

Limits  of  gaol,  how  established,  205 

Lines  of  towns  to  be  perambulated,        72 
Log*,  how  to  proceed  with,  in  Con- 
necticut river,  425 
LORD'S  DAY,  observance  of,  340 
Lost  goods,  how  to  proceed  with,          395 
Lotteries,  prohibited,  110 
Lumber,  how  to  praceed  with  on  Con- 
necticut river,                                 426 
Lunatics,  how  to  be  taken  care  of,      228 
when  to  be  confined,                          229 
Maintenance,  of  unlawful  suits,  prohi- 
bited,                                                  265 
of  paupers,  by  towns,                         325 
of  state  paupers,                                  326 
Magazine,  public,  destruction  of,  pun- 
ished, 97 
MANDAMUS,  writ  of,   when   and  by 

whom  issued,  266 

peremptory,  when  to  issue,  266 

power  of  court  on  return  of,  267 

Manslaughter,  how  punished,  95 

confinement  of  persons  tried  for,      230 

Manufacturing  companies,  liability  of 

members.  268 


Manufactures,  of  silk,  how  regulated 
.Marriage,  intention  of,  how  publish- 
ed, 268 
who  may  join  persons  in,  269 
penalty  for  joining  in,  without  pub- 
lication, 269 
for  defacing  notice,  269 
certificate  to  be  lodged  with  town- 
clerk,  269 
penalty  for  neglect,  269 
Master  of  ne%vgate  prison,                     309 
power  and  duty  of,                     309,  310 
of  work-house,  how  appointed,        436 
MASTERS,  how  apprentices  shall  be 

bound  to,  270 

how  to  proceed  with  refractory  ap- 
prentices, 271 
how  to  bring  back  runaway  appren- 
tices, 271 
how  to  be  proceeded  with,  when 

they  abuse  apprentices,  271 

Masters  of  vessels,  penalty  on,  for  ex- 
porting articles  not  inspected,      248 
of  work-houses,  duties  of,  437 

to  account  semi-annuallo,  437 

Masts,  when  to  be  taken  up  in  Con- 
necticut river,  425 
Mayhem,  how  punished,  95 
MEASURES  and  WEIGHTS,  regulated,     434 
MEDICAL  societies,  establishment  and 

regulations  of,  274 

institution  of  Yale-College,  276 

qualifications  of  students,  276 

committee  of  examination,  277 

Mess  beef,  what  shall  be,  241 

MEETINGS,  disturbance  of,  how  pun- 
ished, 278 
religious,  disturbance  of,  how  pun- 
ished, 279 
MEMORIALS  to  the  general  assembly,  331 
Middle-Haddam-landiug  ferry,  fare 

of,  171 

Middlesex  county,  stated  and  named, 
Middletown  ferry,  fare  of,  regulated,     169 
Mile-stones,  damage  for  defacing,          424 
MILITIA,  who  to  be  enrolled,        280.  285 
how  armed  and  equipped,  281 

persons  exempt,  281.285 

how  to  be  arranged,  282 

rules  of  discipline,  283 

officers,  how  to  take  rank,  284 

enrollment  of  minors,  286 

organization  of,  286 

how  officered,  287 

captain-general  may  alter  the  lim- 
its of  companies,  287 
companies,  when  enlisted,  288 
general  and  field  officers,  how  ap- 
pointed and  commissioned,  288 
company  officers  how  chosen,          288 
quarter-master  general,   how    ap- 
pointed,                                          288 
his  rank  and  duty,  289 
commissary-general,  how  appoint- 
ed, 290 
pay-master  general,  pay  and  rank,   29*"' 


(NDEX. 


459 


how  armed,  290 

uniform  of, 

days  of  company  exercise, 
artillery  and  cavalry  to  provide 

horses, 

days  for  company  review, 
regimental  review  of  artillery, 
regiments  of  infantry,  to  be  called 

out  annually, 
;n  what  cases  to  be  called  out  three 

days  in  succession, 
battalion  companies,  how  posted, 
inspection,  how  made, 
duty  of  brigade  inspectors, 
how  warned, 
orderly  book  for  records, 
division  and  brigade  inspection  and 

review, 

firing  prohibited, 

officers  to  fix  the  limits  of  parade, 
musicians  to  assemble  for  instruc- 
tion, 

fines  for  non-appearance  and  defi- 
ciencies, 

excuse  for  non-appearance, 
fines,  how  collected, 
proceedings  in  appeals, 
appeals  to  judge  of  county  court, 
warrants  for  fines,  how  directed, 
fines,  how  disposed  of, 
proceedings,  when  a  soldier  is  un- 
able to  equip  himself, 
Quakers,  exempted, 
officers  to  be  called  together  for  ex 

ercise, 

place  of  parade,  how  established, 
officers  to  furnish  themselves  rules 

of  discipline, 

proceedings  in  case  of  invasion, 
'  fine  for  non-appearance, 
allowed  to  procure  substitutes, 
notice  to  persons  detached, 
court-martials,  how  constituted, 
judge  advocate, 
general  order,  form  of, 
division  and  brigade  order,  form  of, 
persons   accused  to  be  furnished 

with  copies, 

entitled  to  process  for  witnesses, 
judge  advocate  to  summon  witness- 
es for  the  state 

members  of  the  court,  how  detail- 
ed, 

charges  of  arrest,  how  made, 
oath  of  members, 
judge  advocate,  how  appointed  and 

sworn, 
when  judge-advocate  of  adjoining 

county  may  act, 
exception  to  members  of  court, 
fees  of  members, 
sentence  to  be  approved, 
liability  of  persons  moving  into  the 

state, 
fire-men,  when  liable  to  do  duty, 


291 
291 
291 

292 

292 
292 
292 
292 
293 
293 

293 

293 
294 

294 

295 
295 
295 
295 

295 
296 
297 

297 

297 

298 
298 

298 
299 
299 
300 
300 
301 
301 
302 
302 

303 
303 

303 

304 
304 
304 

304 

304 
305 
306 
306 

306 
306 


MILITIA. 

what  officers  do  duty  on  horseback,  306 
colours,  how  to  be  furnished,  307 

companies  of  guards,  how  enlisted.  307 
power  to  dismiss  from  guards,  307 

uniforms,  308 

governor  may  fix  the  limits  of  com- 
panies, 

may  delegate  his  authority,  308 

returns  of,  to  be  annually  laid  be- 
fore the  legislature, 
secretary  to  make  returns  to  the 
adjutant-general  of  officers  dis- 
charged and  appointed, 
MILLS,  rates  of  tolls, 

penalty  for  taking  illegal  toll, 
sealed  measures  to  be  kept  at, 
Ministers  of  the  gospel,  how  settled, 
Minors,  of  what  age  may  choose  guar 

dians, 

how  their  lands  may  be  sold, 
when  they  may  bind  themselves  as 

apprentices, 

Misprision  oftreaton,  how  punished, 
Mill-dams,  to  have  passages  open  in,    182 
on  Windsor  ferry  river,  178 

Moderators  of  meetings,  how  appoint- 
ed, 278 
power  to  preserve  order, 
to  have  casting  vote, 
Mittimus,  to  commit  principal  on  ap- 
plication of  bail, 
Mountebanks,  how  punished, 
permitting  them  to  exhibit  in  one's 

house, 
Murder, 

administering  poison  with  intent 

to  murder, 

confinement  of  persons  tried  for, 
NEWGATE  PRISON,  established, 
overseers,  how  appointed, 
master  of,  how  appointed, 
guard  of, 

duty  of  keeper  of, 
to  render  his  account  to  overseers,  31 
duty  of  overseers  of, 
to  settle  accounts  annually,  310 

to  make   rules  for  government  of 

the  prison, 

may  sue  in  their  own  name, 
when  to  discharge  prisoners  re- 
tained for  costs, 

may  be  used  for  U.  States'  prisoners,  312 
keeper  and  guard  protected  from 

arrest  on  civil  process, 
New-London  ferry,  fare  of, 
New  trial,  when  defendant  has  no  no- 
tice of  suit, 
when  granted,  in   action  before 

justices, 
when   granted,  by  superior  and 

county  courts, 
in  equity, 
limitation  of, 

Might  season,  trespass  committed  ID 
hew  prosecuted, 


308 


308 
303 
309 
309 
390 

216 
218 

270 
95 


279 
279 

66 
113 

114 
95 

95 
230 
309 
309 
309 
309 
309 


39 
40 

55 

144 

264 

426 


160 


LS  D 


Night  walkers,  liable  to  be  com  milted 

to  work-house,  438 
Non  attendance  of  jury,  penalty  for,  47 
Non-residents,  service  of  writs  on,  37 
Nonsuit,  when  it  may  be  made,  40 
Notaries  Public,  how  appointed,  213 
fees  of,  351 
Notes  Promissory,  when  negotiable,  312 
Notice  to  quit  possession  of  land,  259 
form  of,  260 
Nuisance,  what  constitutes,  314 
how  removed,  314 
by  obstructing  rivers,  315 
in  Connecticut  river, 
how  punished,  315 
OATH,  form  of,  for  appraisers  of  de- 
ceased persons'  estates,  319 
appraisers  of  lands,  on  execution,  319 
arbitrators,  321 
assessors  of  taxes,  318 
attornies,  319 
auditors,  in  account  and  book  debt,  321 
auditors,  of  state  accounts,  320 
board    of  relief  and   equalization, 

members  of,  318 

chainmen,  320 

clerks  of  civil  authority,  393 

clerks  of  county  courts,  318 

clerks  of  probate,  318 
clerks  of  proprietors,  of  common, 

and  undivided  lands,  257 
clerks  of  representatives,  house  of,  321 
clerks  of  societies,  J19 
clerks  of  senate,  321 
clerks  of  superior  court,  318 
clerks  of  towns,  318 
commissioners,  on  the  estate  of  in- 
solvent debtors,  238 
commissioners  on  the  estate  of  in- 
solvent persons  deceased,  320 
commissioners  of  sewers,  318 
committees,  to  lay  out  highways,  223. 

(319 

committees,  in  chancery,  321 
aomptroller,  317 
constables,  317 
county  surTeyors,  320 
courts-martial,  members  of,  304 
distributors  of  estates,  319 
electors,  316 
jexaminors  of  electors;  316 
executive  officers,  31 
fence  viewers,  318 
gaugers,  318 
general  assembly,  members  of,  31 
grand-jurors,  impannelled  in  court,  317 
grand  jurors,  318 
haywards,  318 
inspectors  of  provisions,  248.318 
judge  advocates,  304 
judicial  officers,  31 
jurors  in  civil  causes,  317 
jurors,  in  criminal  causes,  317 
jury,  in  forcible  entry  and  detainer,  320 
jury,  to  reassess  damages  on  high- 
ways. 320 


OATH. 

jury  of  inquests,  317 

leather  sealers,  318 

plaintiff  in  attachment,  directed  to 

an  indifferent  person,  35 

poor,  imprisoned  debtors,  207 

referees,  32-1 

scavengers'  318 

sealers  of  weights  and  measures,      318 
secretary  of  state,  317 

society  treasurer's,  318 

surveyors  of  highways,  318 

surveyor's  of  provisions,  318 

surveyors  may  administer  affirma- 
tion, 318 
town  treasurers,  318 
treasurer  of  the  state,  317 
tything-men,  318 
voir  dire,  320 
\vitnesses,  318 
what  ceremony  to  be  used,              321 
when  affirmation  may  be  adminis- 
tered,                                               321 
may  be  adminstered  by  surveyors,  398 
penalty  for  false  affirmation,             322 
Obscene  books,  prohibited,  109 
Observance  of  Lord's  day,                      340 
OJfen  its,  disclosed  and  punished,        93  to 

121 

Officers,  may  not  draw  or  fill  up  writs,  374 

shall  endorse  fees  on  execution,       374 

misconduct  of,  bow  punished,  62 

limitation  of  actions  against,  263 

Order,  for  taking  depositions,  49 

Onions,  inspection  of,  246 

Ousatonic  rirer,  fishery  in  regulated,    177 

logs  floating  in,  how  secured,  425 

rewards,  for  drifts  in,  425 

forfeiture  for  taking  them   away 

when  secured,  425 

Overseers,  of  spendthrifts,  231 

revocation  ofappointment,  231 

duty  of,  232 

of  indians,  how  appointed,  and  give 

bonds,  233 

of  newgate  prison,  how  appoint- 
ed, 309 
their  duty,                                            310 
of  work  house,  duties  of,                    436 
Oyer  of  book  account,  70 
Oysters,  fishery  of,  regulated,                174 
Packers  of  provisions,  to  be  appointed 

by  the  county  courts,  241 

bonds  to  be  taken,  241 

not  to  use  unsealed  weights,  247 

penalty   for  branding   provisions 

falsely,  247,  8 

for  fraudulently  taking  out,   and 

changing  contents,  248     ' 

oath  of  inspection,  &.c.  248,9 

to  make  return  of  articles,  249 

Pamphlets,  obscene,  prohibited,  109 

Parents,  duty  of,  to  educate  their  chil- 
dren,    '  74 
Parties,  death  of.  when  not  to  abate 

writ,  42 


INDEX. 


461 


52 

70 
348 


Parties, 
may  agree  to  try  issue  in  fact  by 

the  court, 
oath  of,  admissible  ia  actions  of 

book  debt. 

fees  of,  in  civil  actions, 
Partition  of  lands,  may   be  made  by 

guardians, 

by  tenants  in  common,  how  made,   256 
Partnerships,  limited,  how  formed,      322 
.firm  of,     ' 

registry  of,  322 

advancement  of  special,  sworn  to,    323 
accountability  of  .partners  to  each 

other, 

suits,  how  brought, 
publication  of  terms  of, 
Paukatuck  river,  fishery  in,  regulated,182 
PAUPERS,  what  relations   are  liable 

for  support  of, 
remedy  against  relations  refusing 

support, 

how  to  be  removed, 
may  be  warned  to  depart, 
may  be  whipped,  if  they  return, 
penalty  for  bringing  into  this  stale, 
what  persons  are  to  be  supported 

by  the  town, 

select-men  to  be  overseers  of, 
when  liable  to  be  removed, 
select-men  to  furnish  support, 
when,  and  within  what  time.notice 

to  be  given,  325 

?.vhat  shall  be  sufficient  evidence  of 

notice,  325 

right  of  recovery   of  one   town 

against  another, 

-.owns  authorized  to  establish  poor- 
houses,  326 
-,vhen  shall  be  supported  by   the 

state, 
when  persons  entertaining,  shall 

bear  the  expense, 

when  this  state  shall  not  be  liable,   327 
accounts  for  the  state,  how  liquida- 

ted,  328 

comptroller,  authorized  to  contract 


324 

324 
236 
236 
237 
237 

325 
325 
325 
325 


for  state, 

Peace,  breach  of,  how  punished, 
challenging  to  a  duel, 
delivering  challeng*, 
PEDLARS,  fee.  not  to  deal  in  foreign 

goods, 

goods  forfeited, 
mode  of  proceeding, 
in  indigo  and  feathers, 
Penalty,  lor  non-attendance  of  jury, 
for  an  auctioneer  selling  without 

license, 
•     for  banks  emitting  bills  less  than 

one  dollar, 
Perambulation  of  bounds  of  towns, 

when  required, 
Perishable  property,  shipwrecked,  how 
disposed  of, 


328 
107 
105 
105 

329 
329 
329 

330 
47 

63 
67 

72 


831 
331 
331 

40 


Penal  statutes,  limitation  of  action  on,  263 
Perjury,  how  punished,  103 

with  intent  to  take  away  life, 
subornation  of, 

Perjuries  andfraudt,  how  prevented,  200 
FETITIOSS,  for  perpetuating  testimo- 
ny. 

to  the  general  assembly, 
ibow  proceeded  with,  when  of  an 

adversary  nature,  330 

Personal  estate,  b»nk  shares  to  be  con- 
sidered, 

PEWS,  grants  and  leases  of,  how  ex- 
ecuted, 

to  be  recorded, 
when  exempt  from  execution, 
Plaintiff,  when  he  must  appear, 
Plea,  of  defendant,  in  certain  cases, 

not  to  avail  him, 
Pleadings,  in  civil  actions, 

double,  when  allowed, 
Poison,  administering  of.  with  intent 
to  murder,  or  cause  miscarriage, 
Political  power,  source  of, 
Polls,  how  taxed, 

exemption  of, 

Poor,  when  supported  by  relatives, 
when  by  towns, 
by  I  he  state, 
Poor  debtors,  how  relieved, 

form  of  oath, 
Pork,  inspection  of, 
how  branded, 
barrels  of,  how  made, 
Possession,  adverse,  of  lands,  for  fif- 
teen years,  to  bar  entry, 
Post-notes,  banks  may  issue, 
POST  GUIDES,  to  be  erected  by  select- 
men, 332 
penalty  for  neglect, 
states'  attornies  to  inform, 
Pot  and  pearl  ashes,  casks  for,  how 

made, 

Pmmds,  to  be  erected  by  the  towns,   3 
escape  from, 

breach  of,  how  punished, 
fees  of, 
Practice,  rules  of,  to  be  made  by  su 


96 
20 
404 
404 
324 
326 
326 
207 
207 
242 
243 
243 

262 

60 


332 
332 


335 
335 
336 


137 


preme  court, 
rules  ot,  may  be  established  by 

county  courts, 
Pratl's  ferry,  fare  of, 
Presentment,  for  crimes,  by  whom  to 

be  made, 
when  necessary, 

President  of  the  senate,  lieutenant- 
governor  to  be, 

his  rights,  power  and  authority, 
pro  tempore,  when  to  be  elected, 
when  shall  administer  the  govern- 
ment, .    ~i 
Press,  liberty  of,  not  to  be  restrained,   20 
Pressed  hay,  how  inspected  and  brand- 
ed, 


84 
172 


26 
26 

26 

27 


«0 


462 


INDEX. 


Principal,  remedy  of  bail,  against,          66 
mittimus  to  commit,  66 

Prisoner,  how  to  be  supported  in  gaol,  206 
for  debt,  not  to  be  confined  with 

criminals,  207 

poor,  how  to  be  relieved,  207 

form  of  oath,  208 

cnti  led  to  liberties,  208 

for  military  fines,  how  disci  arged,    209 
attorneys  to  the  state  may  dis- 
charge, 206 
in  gaol,  price  of  their  support,  when 

paid  by  the  state,  329 

in  work-houses,  escaping,  how  pun- 
ished, 437 
expense  of  supporting,  how  defray- 
ed,                                                   437 
Privileged  debts,  what,  159 
Priority  of  debts,  when   allowed  to 

the  state,  159 

Private  ways,  how  laid  out,  226 

Probate  courts,  constituted,  87 

districts  established, 

Process,  of  writs  in  civil  actions,  34 

to  whom  shall  be  directed,  35 

for  witnesses,  47 

summary,  to  recover  possession  of 

lands  and  houses,  260 

Proclamation,  to  be  read  lo  rioters.      339 
Profane  swearing,  how  punished,  109 

PROHIBITION,  writ  of,  when  to  issue,    267 
Promises,  when  to  be  in  writing,  200 

Promissory  notes,  when  negotiable,      312 
Proof,  necessary  to  convict  of  treason,  31 
necessary  to  convict  of  any  capital 

offence,  118 

of  importing  convicts,  77 

of  secret  assault,  364 

in  certain  cases  of  trespass,  423 

in  prosecution  for  damage,  done  in 

the  night  season,  426 

Properly,  what  exempt  from  execution,  58 
private,  not  to  be  taken  for  public 

use,  without  compensation,  21 

Proprietors  of  common  fields,  how  to 

manage,  162 

meeting  of  how  warned,  162 

to  choose  clerk,   committee,  and 

fence-viewers,  162 

may  lay  taxes,  162 

of  common   and  undivided  lands, 

how  to  manage,  257 

Prosecution,  for   crimes,    limitation 

of,  (262.  264 

bond  for,  35.57.199 

not  to  exonerate  special  bail,  66 

new,  when  to  be  given,  40 

bonds  for,  on  writ  of  error,  57 

limitation  of,  264 

bills  of  cost  in,  how  paid,  420 

Prostitutes,  common,  liable  to  be  com- 
mitted to  the  work-house,  438 
PROVISIONS,  insp^-tion  of,  241 
inspected  in  other  states.                   248 


Public  worship,  disturbance  of,  punish- 
ed, 34i 
Publishment,  of  intention  of  marriage,  268 
Punishment,  of  death,  how  inflicted.     114 
in  case  of  second  or  third  convic- 
tion, 114 
of  females,  115 
when  confined  in  work-house,          115 
limitation  of,  119 
warrant  of  execution,  119 
costs  of  conviction,  119 
Quakers,  how  excused  from  military 

duty,  '297, 8 

Qualifications  of  electors,  28,  9 

Quarantine,  how  to  be  assigned,          377 
Quartering  of  soldiers   in   lime   of 

peace,  22 

Quarter-master  general,  how  appoint- 
ed, 289 
Quorum  of  each  house  of  assembly,       23 
in  meetings,  of  corporation  of  Yale- 
College,  440 
Quo  WARRANTO,  writ  of,   when  and 

how  to  be  granted,  267 

how  to  be  proceeded  with,  267 

Railings,  to  be  erected  on  roads  and 

bridges,  221 

damages  for  defect  of,  221 

on  turnpike  roads,  428 

Pains,  how  restrained,  370 

Rape,  how  punished,  95 

intent  to  commit,  95 

Receipts   and  expenditures  of  Yale- 
College,  annual  account  of,          411 
Receit-er   of  stolen  goods,  how  pun- 
ished, 103 
Receivers  of  duties,   not  accounting, 

incapable  of  holding  their  office,    130 
Record  of  revised  statutes,  what  shall 

be,  442 

RECORDS,  removal  of,  by  writ  of  error,  57 
of  execution,  by  whom  made,  60 

embezzling,  or  altering,  how  pun- 
ished, 104 
of  justices  of  the  peace,  how  pre- 
served,                                          336 
public,  to  be  kept  by  secretary,   27.  364 
proof  of,  50 
Register,  or  town-clerk,  to  record 

votes  of  towns,  416 

to    record    marriages,   births   and 

deaths,  416 

deeds  of  lands,  416 

Relations  of   poor  persons,    when 

bound  to  maintain  them,  324 

Religious  worship,  free  to  all  persons,     20 

duty  and  right  of,  29 

disturbance  of,  prohibited,  341 

Religious  societies,  rights  and  powers 

of,  388 

how   individuals  are   to   become 

members  of,  388 

meetings  of,  how  warned,  389 

to  appoint  officers,  399 


INDEX. 


463 


Religious  societies, 

taxes,  how  levied,  390 

who  may  vote  in,  391 

how  new  societies  may  be  formed,  392 
Remanding  of  actions,  when  lobe  di- 
rected, 53 
Removal  of  paupers,  how  to  be  or- 
dered,                                              236 
of  inhabitants,                                       236 
Repairs  and  improvements,  on  turn- 
pike roads,                                      428 
Reporter,  of  judicial  decisions,                81 
salary  of,                                              343 
REPLEVIN,  form  of  writ  and  bond,        198 
proceedings  in.                                   337 
when  goods  are  attached,                  338 
when  a  stranger  isa  plaintiff  to  the 

suit,  338 

bonds  for  prosecution,  what  to  be 

given,  338 

Representatives,  house  of,  constituted,    23 
officers  of, 

members  of,  how  elected, 
form  of  certificate  of  votes,  139 

majority  of,  to  be  a  quorum,  23 

power  of, 

to  keep  a  journal,  24 

when  yeas  and  nays  of,  to  be  taken,  24 
in  congress,  how  elected, 
canvass  of  votes  for, 
vacancy,  how  filled,  138 

notice  to  be  given  to  the  person 

chosen,  139 

to  signify  their  acceptance  or  refu- 
sal within  twenty  days,  139 
Reprieve,  when,  and  for  what  time, 

may  be  granted  by  governor,  26 

Rescue  of  cattle,  driving  to  pound, 

how  punished, 

Resistance  of  officers,  how  punished,      104 
Rttailers  of  spiritous  liquors,    not  to 

sell  without  license, 
how  approved  and  licensed,  393 

not   to  sell,  to  be  drank  in  their 

premises, 

penalty  for  selling  without  license,    394 
duty  on  license, 
Reversal  of  judgments,  how  to  proceed 

in  cases  of, 

Revised  statutes,  confirmed, 
record  of, 
when  to  take  effect, 

Revocation  of  wills,  how  to  be  made,    146 
Rights,  declaration  of,  20>]>? 

RIOTS,  how  punished, 
how  suppressed, 
proclamation  to  be  made, 
Rivers,  not  to  be  diverted, 

ballast,  not  to  be  put  in,  315 

Robbery,  assault,  with  intent  to  com- 
mit, 

crime  of, 

when  there  is  personal  abase,  or 
dangerous  weapons, 


172 
253 


81 
84 

340 
340 
341 

342 

342 


Rocky-HUl  ferry,  fare  of, 

Rule  in  Shelley's  case,  abrogated, 

Rules  of  practice  to  be  established,  by 

supreme  court, 
of  county  courts, 
SABBATH  OR  LOKD'S  DAY,  secular 

business,  prohibited  on, 
diversions  prohibited, 
service  of  civil  process,  void, 
proprietors  and  drivers  of  stages, 

not  to  carry  passengers, 
persons  keeping  ihe  seventh  day, 

not  liable  for  breach  of, 
officers  empowered  to  arrest  trans- 
gressors, 341 
Sales,  at  public  auction,  duties  on,      63 
of  real  estate  of  deceased  persons, 

to  pay  debts,  152.  158 

of  minor's  lands,  by  guardians,        218 
of  land  to  pny  taxes,  412 

SALARIES  of  the  officers  of  govern- 
ment, 342,  o 
of  private  secretary  to  Gov. 
when  payable, 

Salvage,  of  ship-wrecked  property,       440 
Saybrookftrry,  regulated, 

fare  of, 

Scantic  ferry,  fare  of, 
Scavengers,  where,  and  how  appoint- 
ed, 36 
Scire  Facias,  attachment  on, 
writ  of, 
when  may  issue,  on  further  breach 

of  bonds, 

in  foreign  attachment, 
mode  of  trial, 

before  justices  of  the  peace, 
Scholars,  enumeration  of, 
expense  of  instructing, 
SCHOOLS,  provision  for  the  support 

of,  352.362 

visiters  of, 

children,  not  to  be  excluded  from,    360 
School  districts,  how  formed, 
committee  of,  how  appointed,          354 
powers  of, 

qualifications  of  voters, 
committees  of,  to  enumerate  the 

scholars, 

form,  of  return  of,  358 

incorporated,  dissolution,  or  altern- 
ation of, 

annexation  of  other  districts, 
School-fund,  made  permanent,  and 

appropriated, 
regulation  of, 
commissioner  of,  how  appointed, 

and  duty, 

property  of,  to  be  registered, 
interest'  of,  to  be  divided  among   ^ 
the  districts, 
School-houses,  building,  and  repairing 

of 
fix  ing  site  of,  363,5- 


169 
172 
173 


42 

r,2 

187 
187 
188 
358 
359 


30 
361 


361 
361 


464 


INDtX. 


School-masters,  examination,  and  ap- 
probation of,  355 
School  societies,  how  constituted,        ,352 
may  build  school-houses,  352 
may  establish  school  districts,         353- 
may  appoint  a  committee,  for  each- 
district,  354 
qualification  of  voters,  356 
to  appoint  school- visiters,                  356 
may  establish  schools  of  higher 

order,  356 

committee,  to  take  care  of  funds 

of  society,  357 

to  provide  burial  grounds,  360 

committee  of,  to  give  certificate,  359 
form  of,  359 

meetings  of,  when  and  how  warn- 
ed, 352 
Sealers  of  weights  and  measures,  du- 
ties of,                                              435 
Seal  of  tlit  state,  to  be  kept  by  the 

secretary,  27. 364 

Sea/*  of  the  several  courts,  SO 

Starch-warrant,  issuing  of,  21 

Secession  from  a  society,  or  denomi- 
nation of  Christians,  39 
SECRETARY    OF     STATE,    election 

of,  27. 132 

oath  of, 

vacancy  in  office  of,  how  filled,  133 
jeneral  powers  and  duties  of,  27. 364,  5 
to  be  keeper  of  the  seal,  27.  364 

to  cause  the  public  acts  to  be  pub- 
lished, and  distributed,  312.  364 
rule  of  distribution,-  365 
to   publish   abstract  from  comp- 
troller'* report,                                365 
to  make  return  to  adjutant-genera), 
of  general  and  field  officers  dis- 
eharged  or  appointed,                    308 
votes,  to  be  returned  to,       23.  24. 137 
to  assist  in  canvassing  votes,  23.25.  27. 

[138 

to  distribute  blank  forms,  for  the  re- 
turn of  votes,  135 
t«J  give  notice  to  persons  ehosen 

senators  in  congress,  139 

to  attest  commissions,  26 

•when  to  convene  the  senate,  27 

may  not  be  a  member  of  the  gen- 
eral assembly,  32 
authorized  to  give  certified  copies 
of  records,  of  supreme  court  of 
errors,  remaining  in  his  office,        80 
to  certify  revised  statutes,                442 
salary  of,                                           343 
fees  of,                                              346 
Secretary  private,  of  the  governor, 

salary  of,  343 

Secretary1!  office,  record  of  courts 

martial,  to  be  deposited  in,          306 
petitions  and  memorials  to  be  re- 
turned to,  within  what  time,         331 
SZCRET  ASSAULT,  provision  for  th« 
detection  and  punishment  of,   363,  4 


Seled-mtn,  to  be  appointed  by  towns,   3* 

[414 

duty  of,  to  settle  accounts  of  towns,  415 
warnings  of  town  meetings  to  be 
signed- by,  4H- 

sh:'.lt  cause  town  officers  to  take 

the  oath  required  by  law,  414 

to  draw   orders,  for  payment  of 

debts,  415 

to  report  to  town>  account  of  ex- 
penditures, 415 
when  may  prosecute,  for  mainten- 
ance of  bastard  children,  69 
when  may  bind  out  children,    74.  271 
to  assess  inhabitants,  when  towns 

neglect,  41£ 

to  be  overseers  of  the  poor,  and 

their  duty,  325 

overseers,  of  work-houses,  486 

when   may  remove  foreigners  to 

towns,  where  they  last  resided,    327" 
to  exhibit  accounts  to  comptroller, 

for  support  of  state  paupers,          328 
to  decide  on  qualifications  of  elect- 
ors, 29.  14» 
may  remove   encroachments  0n 

high-ways,  314 

may  divide  fence,  between  adjoin- 
ing propristors,  J6l 
may  direct  how  to  make  fences,       161 
when  they  cannot  be  made  in  the 

line,  161,2 

may  lay  out  highways,  223 

may  discontinue  public  or  private 

ways,  227 

may  appoint  overseers  of  spend- 
thrifts, 231 
may  remove  inhabitant!  of  other 

states.  236 

may  warn  such  persons  to  depart,  236,7 
may,    with   eivil    authority,   &,c. 

choose  jurors,  46.  46 

to  erect  post-guides,  332 

penalty  for  neglect,  332 

power  of,  to  suppress  riots,  33&- 

to  provide  pounds,  332 

penalty  for  neglect  of,  333 

may,  with  civil  authority,  consti- 
tute board  of  health,  376 
ehall  erect  sign-posts,                    383, 4 
to  receive  the  value  of  lost  goods, 
when  no  owner  appears,            396. 397 
may  bring  suit  against  negligent 

collector,  408 

may  abate  taxes,  409 

may  appoint  collectors  of  taxes,  in 

certain  cases,  411 

shall  provide  standard  weights  and 

measures  for  their  towtis,  435 

to  secure  property  wrecked,  439 

Senate  of  the  state,  of  whom  to  con- 
sist, 23 
when  to  be  convened,  to  choose  a 
president  pro  tempere,  £ 


JrtDEX. 


465 


wnators  in  congress,  how  appoint- 
ed, 6. 137 
vacancy  of,  how  filled,  137 
of  this  state,  how  chosen,             23.  132 
compensation  of, 

Servants',  how  bound  out,  270 

refractory,  how  |Hinished,  271 

abused  by  masters,  relieved,  272 

Service  of  writs,  how  to  be  made,  36 

time  of,  in  civil  actions,  36 

of  summons, 

of  writs,  on  non-residents, 
on  communities,  75 

Set-off,  of  mutual  debts,  when  to  be 

made,  44 

Settlement,  of  inhabitants  in  towns,    234 

[to  237 

of  estates,  145  to  160 

Sewers,  commissioners  of,  when,  and 

how  appointed,  3fi5 

powers  and  duties  of,  366 

SEWING  SILK,  manufacture  of,  regu- 
lated, 368 
Shares,  of  incorporated  companies, 

how  attached,  36 

execution,  how  levied  on,  60 

to  be  considered  personal  estate,        67 

hovv  to  be  taxed,  403 

SHEEP,   owners  of,  how  may  keep 

them  in  flocks,  369 

when  may  be  turned  on  high-way,   369 
not  to  go  at  large,  without  a  keep- 
er, 369 
to  be  marked, 

rams,  to  be  restrained,  369 

proceedings,  in  case  the  owner  is 

unknown, 

Shelley's  case,  rule  in,  abrogated, 
SHERIFFS,  how  appointed, 
term  of  office,  27 

may  not  be  a  member  of  the  as- 
sembly, 

keepers  of  the  gaol,  205 

may  appoint  under  keepers,  205 

must  admit  prisoners  to  the  liber- 
ties, 205 
not  to  injure  prisoners, 
prohibited  to  purchase  debts,  265 
fees  of,                                             346.  1 
fees  on  execution, 
fees  in  criminal  cases, 
to  give  bond,  with  surety,                  370 
powers  of, 

may  raise  the  posst  comitatus, 
may  call  out  the  militia,  372 

not  to  return,  they  cannot  do  exe- 
cution, 

duty  of,  in  serving  writs,  372 

to  pay  two  per  cent,  per  month, 
for  neglecting  to  pay  over  mo- 
ney collected,  372 
how  writs  to  be  served  on,  373 
may  appoint  deputies,  373 
perquisites,  they  may  receive  from 
(heir  deputies.                              374 


SHERIFFS, 

may  make,  special  deputations,        374 
may  not  fill  up  any  writ,  374 

to  endorse  items  of  fees,  374, 6 

to  take  but  one  security,  for  an  ex- 
ecution, 375 
penalty,  for  taking  unlawful  fees,    375 
may  be  removed,  375 
Ship  wrecked  property,  how  secured 

and  disposed  of,  439 

Sickness,  spreading  of,  how  prevent- 
ed, 3?e 
Sign-posts,  to  be  erected  in  school  so- 
cieties, 383 
what  notice,  to  be  posted  on,           384 
when  officers  may  sue,  out  of  their 

precincts,  384 

Slaves,  how  emancipated,  38* 

how  supported, 

not  to  be  imported,  385 

penalty  for  exportation  of,  385,  i 

Slnre-lrade,  prohibited,  386 

Kmall-pox,  spreading  of,  prevented,     282 
SOCIETIE?  RELIGIOUS,  established,       38& 
how  persons  may  join,  388 

meetings  of,  how  to  be  holden,         38* 
notice  of,  how  given,  389 

to  appoint  officers,  390 

vacancies,  how  filled,  391 

may  tax  the  members  of,  39* 

appoint  collectors,  390 

distress  against  negligent  collectors,  391 
who  may  be  voters  in,  391 

penalty  for  unlawfully  voting  in,     391 
power  to  provide  for  public  wor- 
ship, 391 
estates  of,  how  managed,                  391 
when  in  different  towns,  how  to 

proceed, 

new,  how  formed,  392 

Societies,  medical,  established,  and 

regulated,  274 

Sodomy,  how  punished,  10T 

Speaker  of  the  house  of  representa- 
tives, how  chosen, 
Special  bail,  when  to  be  given, 
Special  verdict,  when  to  be  given, 
Specialties,  limitation  of  action  on,      268 
Speech,  liberty  of,  20. 24 

SPIRITOUS  LIQ.UORS,  selling  of,  regu- 
lated, 392 
retailers,  not  to  sell  without  a  li- 
cense, 

duty  on  license  for  selling,  394 

penalty,    for    selling   without  li- 
cense, 

duty  of  state  attornies,  to  prose- 
cute, 394 
not  to  sell,  to  be  drank  in  his  own 

house, 
act  regarding,  not  to    extend  to 

tavern  keepers, 
STAGE-DRIVERS,  regulation  of, 
Standard,  of  weights  and  measures, 
established, 


466 


STATE  PAUPERS,  how  to  be  support- 
ed, 326.  to  329 
Statutes, public,  how  passed,  211 
when  to  take  effect,                       212 
printed,  of  other  statues,  legal  evi- 
dence here,  50 
publication  of,                          212  81  364 
revised,  confirmed, 

record  of,  442 

when  to  take  effect,  442,  3 

Staves  and  heading,  inspection  of,       246 

Stealing  from  the  person,  102 

from  the  person,  at  a  fire,  102 

horse,  102 

breaking,  from  a  building,  in  the 

day  time,  102 

simple  theft,  103 

STRAYS  AND  LOST  GOODS,  how  to  pro- 
ceed with,  395 
finder  of,  to  inform  the  owner,        395 
proceedings  in,                                     396 
owner  of,  to  appear  in  six  months, 

to  have  restitution,  396 

no  owner  of,  appearing  in  twelve 

months,  to  be  disposed  of,  396 

Sturdy  beggars,  liable  to  be  commit- 
ted to  the  work-house,  438 
Subornation  of  perjury,  how  punish- 
ed,                                               103,  4 
Suffrage,  free,  laws  to  be  made  in 

support  of,  29 

Suffield  and  En  field  ferry,  fare  of,  reg- 
ulated, 

Summons,  form  of,  197 

Superior  Court,  how  established, 
jurisdiction  of,  82 

two  judges  necessary,  to  hold  a 

court  in  capital  cases,  F2 

special,  may  be   holden,  82 

when   no  judge  attends,  how  to 

proceed, 

equity,  jurisdiction  of,  82 

may  appoint  clerk,  in  each  coun- 
ty, 83 
assistant  clerks,  if  necessary, 
may  order  times  of  pleading,              83 
may  adjourn  the  session,                      83 
fees  of,                                                  343 
Supreme  Court  of  Errors,  how  consti- 
tuted,                                               80 
causes  in,  where  to  be  tried,              80 
clerks  of,                                                80 
jurisdiction  of, 

to  assign  their  circuits,  81 

to  institute  rules  of  practice,  81 

if  no  judge  attend,  to  be  adjourned,  81 
to  assign  reasons,  publicly,  81 

to  appoint  a  reporter,  81 

Sureties,  of  the  peace,  when  may  be 

required,  91,2 

Surety,  on  bonds,  for  prosecution,          35 
suit  against,  65 

liability  of,  on  bonds  for  prosecu- 
tion. 66 


Surety, 
recognizance,  with  sufficient,  to  aj» 

pear  before  the  county  court,         91 
Surveyor  general,  how  appointed,         397 
shall   appoint   deputies   in    each, 

county,  397 

powers  of,  and  deputies,  398 

compensation  of,  398 

to  administer  oath  to  cbainmen,      398 
may   pass  on  lands  of  others,  and 

not  be  guilty  of  trespass,  398 

SURVEYORS,  county,  how  appointed,  397 

powers  of,  397 

compensation  of,  397 

of  high-ways,  how  appointed,  227 

duty  of,  228 

Surveyors  and  inspectors  of  provisions, 

to  be  appointed,  241 

bonds  to  be  Inker*.  241 

Survivor  of  actions,  when,  42 

Swearing,  profane,  how  punished,         109 

Swine,  not  to  be  suffered  to  go   at 

large,  335 

fees,  for  poundage  of,  336 

not  to  go  at  large,  without  permis- 
sion of  towns,  336 
Tanners  of  leather,  regulations  of,        261 
TAVERNS,  how  licensed  and  regula- 
ted,                                              398,  9 
not  to  be  kept  without  license,         400 
Tavern-keepers,  how  appointed  and 

licensed,  398 

how  regulated,  399 

may  he  admonished  by  select-men 

and  civil  authority,  40(1 

license  of,  may  be  revoked,  400 

Tales-men,  how  returned,  47 

TAXFS,  form  of  warrant  of,  19t» 

assessment  of,  how  to  be  made,        401 

what  estate  taxable,  and  set  in  the 

list,  402 

on  polls,  404 

exemption  of  polls,  404 

bank  stock,  403 

manufactories,  how  assessed,  405 

non-residents,  how  assessed,  405 

estates  of  married  women,  bow  tax- 
able, 405 
penalty  of,  for  false  lists,                     405 
board  of  equalization,  406 
penalty  of  towns  in  not  appointing 

assessors,  406 

compensation  of  assessors,  406 

board  of  relief,  appointment  of,  and 

duty,  402 

fisheries,  how  taxable,  404 

collection  of,  407 

duty  of  treasurer,  407 

of  collectors,  407 

duty,  and  liability  of  collectors,       407 
how  to  proceed  against  select-men,  408 
collectors  of,how  proceeded  against, 
for  neglect,  408 


INDEX. 


467 


I  AXES, 

when  rale-bill  may  be  given  up, 

and  new  collector  appointed,        409 
abatemenl  allowed  to  towns,  409 

by  whom  made,  40i) 

select-men  may  abate  taxes  of  poor 

persons,  409 

persons  committed  for  taxes,  may 

take  the  poor  debtor's  oatb,       "    410 
when  estate  of  select-men  may  be 

taken,  410 

town  and  societies,  how  collected,  410 
collectors    neglecting,   execution 

may  be  granted.  410 

when  new  collectors  may  be  ap- 
pointed, 411 
power  of  collectors  of,  411 
their  power  in  other  towns,  411 
how  to  proceed  in  collecting,  411 
their  fee?,  412 
mode  of  selling  land  for,  412 
a  lien  on  lands,  412 
compensation  to  collectors  of  slate,  413 
collection  of,  on  shares  of  stock,  in 

incorporated  companies,  413 

who  shall  have  power  to  lay  coun- 
ty tax,  204 
Tenants  in  common,  when  actions 

will  lie  against,  34 

how  to  make  partition,  256 

who  shall  make  partition  256 

Testaments,  by  whom,  and  how  to 

be  made,  145 

Testimony,  petition  for  perpetuating,  (    48 
TESTATE  AND  INTESTATE  ESTATES,   \  143 
settlement  of,  145  to  159 

Thames  river,  fishery  in,  regulated,       180 
Thanksgiving  days,  secular  business 

on,  prohibited,  341 

Theatrical  exhibitions,  prohibited,         1 13 
Theft,  simple,  how  punished,  103 

Timber,  damages  for  cutting  of,  422 

floating  dovvn  Connecticut    riv- 
er, &.c.  how  to  be  taken  care  of,    425 
Times  and  places  of  holding  courts  es- 
tablished, 85,  87 
Tything-men,  duty  of,  341 
Tod,  rates  of,  on  turnpike  roads  es- 
tablished.                                         430 
TOWN-CLERKS,  how  chosen,                  414 
power  and  duty  of,                             416 
to  record  marriages  and  deaths,       416 
to  record  deeds  of  lands,                   416 
to  keep  the  books  of  the  town,          416 
to  return  to  the  treasurer,  name  of 

the  state  collector,  416 

TOWNS,    number   of    representatives 

from,  22, 3 

when  may  prosecute,  for  mainten- 
ance of  bastards,  69 
to  renew  bounds   once  in  three 

years,  72 

whan  required  to  maintain  ferries,    1«« 


TOWNS, 

may  make  by -laws  regulating  fish- 
eries, 174 
to  appoint  grand-jurors.  213 
penalty  for  neglect,  214 
to  maintain  bridges,  220 
liable  for  deficiency,  220 
may  establish  poor-houses,  326 
to  erect  pounds,  332 
may  hold  meetings,  414 
may  appoint  officers,  414 
may  make  regulations,  415 
may  make  by-laws  to  restrain  cat- 
tle, 415 
duty  of,  to  lay  taxes, 
to  defray  expenses,  415 
power  of,  to  enforce  the  collection 

of  taxes,  410 

to   establish  and  regulate   work- 
houses, 436 
two  or  more  authorized  to  join  in 

maintaining  work-houses,  438 

Town-meetings,  how  to   be   warned 

and  holden,  414 

who  are  legal  voters  in,  413 

may  be  adjourned,  414 

disturbance  of,  how  punished,  278 

questions  decided  by  a  major  vote,   279 

special,  how  called,  414 

Treason,  how  punished,  95 

misprison  of,  95 

Treasurer  of  the  stale,  how  elected,        27, 

(132 

oath  of,  317 

salary  of,  343 

vacancy  in  office  of,  how  filled,        138 
to  assist  in  canvassing  votes,        23,  25, 
(27,  138 

may  not  be  a  member  of  assembly,    32 
to  give  bond  with  surety,  418 

duty  of,  27,  419 

accounts  of,  how  settled,  419 

to  report  statement  of  receipts  and 
expenditures  to  the  general  as- 
sembly, 419 
receivers  of    duties,    to  account 

with,  annually,  129 

to  make  return  to  the  general  as- 
sembly,  of  all  writs   and  peti- 
tions, on  which  a  duty  is  certifi- 
ed, 130 
duty  of,  in  relation  to  the  school 

fund,  362 

duly  of,  in  collection  of  taxes,          407 
to  prescribe  forms  for  stating  ac- 
counts of  turnpike  companies,      428 
to  report  statement  of  turnpike  ac- 
counts to  general  assembly,          428 
to  keep  standard  weights  and  mea- 
sures, 434 
to   try  weights  and   measures   by 

standard,  434 

Treasurers  of  eonniief.  doties  of-  421 

of  towns.  422 


iiNDEX. 


Treasurers, 

of  sclrool  societies,  352 

of  school  districts,  354 

TREASURY  DKFARTMKKT,  estabii-hed 

and  regulated,  41710422 

duty  of  comptroller,  417 

duty  of  treasurer,  419 

duty  of  auditors  of  public  accounts,  419 
duty  of  the  clerks  of  tLc  superior 

and  county  courts,  419,  20 

duty  of  state  attornies,  420 

duty  of  county  treasurer,  421 

duty  of  town  treasurer,  422 

Treble  damages,  in  forcible  entry  and 

detainer,  185 

for  injuring  a  prisoner,  206 

on  removing  actions  on  plea  of  title,  55 

for  negligent  driving  of  carriages, 

for  carrying  away  bay-berries,          423 

for  injury  done  to  bridges,  <i^c.          424 

for  vexatious  law-suits,  433, 4 

Treble  value,  when  forfeited,       102.  202. 

(234.  375 

Trees  and  stones  on  Hartford  and 
New-Haven  turnpike  road,  right 
of  vested  in  said  company,  432 

TRESPASSES,  for  cutting  timber,  422 

for  carrying  away  bay-berries,          423 
by  throwing  dowr.  fences,  423 

by  setting  fire,  that  runs  on  anoth- 
er's land,  423 
injury  to  bridges,                                424 
for  defacing  mile-stones  and  post- 
guides,                                              424 
when  committed  in  the  night,  how 

punished,  424 

committed  on  lands,  without  colour 

of  right,  424 

defendant,  if  unable  to  pay  dama- 
ges, how  punished,  425 
in  taking  lumber,   floating  down 
Connecticut,  and  Ousatonic  riv- 
ers,                                              425,  6 
before  whom,  may  be  tried,              426 
committed  in  night  season,  how  de- 
tected and  punished,                  426,  7 
trial,  of  issues  in  fact,  to  be  by  the 

jury,  46 

when  by  tlie  court,  52 

Trustee,  when  appointed  by  court  of 

probate,  147 

Truth  may  be  given  in  evidence,  in 

prosecution  for  libel,  20 

TURNPIKE  ROADS,  commissioners  on, 

to  be  appointed  annually,  427 

powers  and  duties  of  commission- 
ers, 427 
accounts  of,  to  be  annually  stated 

and  adjusted,  428 

avoiding  gates  on,  429 

bridges  on,  when  to  be  bnilt  by  the 

company,  430 

rates  of  toll  on,  established,  430 

persons  exempt  from  toll  on.  431 


TURNPIKE  KOAJJ?, 

encroachments  on,  Uow  removed,   481 
Undivided  and  common  lands,  how 

managed,  257.  8 

Uniform  ofmililia,  how  established,    308 
United  States,  officers  of,  n»*y  not  be 

members  of  general  assembly,        32 
Unsealed  weights,  not  to  be  used  by 
packers  or  inspectors  of  provi- 
sions, 347 
USURY,  how  restrained,                         432 
penalty  for  taking,                             43o 
parties,  when  examined  on  oath,      433 
Vacancy  in  office,  of  sheriff,  28 
treasurer,  secretary  aud  comptroll- 
er,                                                    133 
overseers  of  idiots  and  spendthrifts,  232 
quarter-master  general,  commissary - 

general,  and  piy-master  general,  290 

commissioner  of  the  school-fund,     363 

society  officers,  391 

town  officers,  415 

commissioners  on  turnpike  roads,     427 

fellows  of  Yale  College,  440 

Vaccination,  general  provisions  for,       383 

Vagabonds  and  vagrants,  liable  to  be 

committed  to  work-house,  438 

Value,  treble,  when  forfeited,        102.  202. 

234.  376 

Verdict,  special,  when  to  be  given,        61 
Vessels,  destroying  of,  with  intent  to 

defraud,  how  punished,  99 

Vessels,  wrecked,  how  secured,  43!> 

Vested  rights,  saving  of,  in  revised  sta- 
tutes, 442 
VEXATIOUS  SUITS,  how  prevented,    433,4 
Visitors  of  schools,  how  appointed,       350 
duty  of,  35*3 
Voir-dire  oath,  form  of, 
Voters,  who  may  be,  in  town  meeting,  413 
in  society  meetings,                            391 
Warner's  ferry,  fare  of,  171 
Warrant,  to  search  and  seize, 
return  of  for  jury,  46 
of  execution, 

for  collecting  taxes,  form  of,  199 

to  apprehend  persons  charged  with 

secret  assault,  363 

with  offences  punishable  by  com- 
mitment to  work-house,  438 
Warranty,  collateral,  of  land,  when 

void,  254 

Water-courses    in   highways,    how 

opened, 
turnpike  companies  may  drain  and 

open, 

Warehouse-point  ferry,  173 

WEIGHTS  AND  MEASURES,  to  be  kept 
by  the  state  treasurer,  as  stand- 
ards, 434 
duty  of  treasurers,                              434 
to  be  kept  by  the  several  county 
treasurers,                                        434 
penalty  for  neglect.  434 


fNDEX. 


469 


WEIGHTS  AND  MEASURES, 

their  duty,  435 

"to  be  kept  by  the  select-men,  435 

duly  of  sealers  of,  435 

penalty  for  using  unsealed,  436 

standard    measure,  for  charcoal, 

fruit,  &c.  436 

Whipping,  when  to  be  inflicted,  103.  237. 

(310 

Widow,  dower  of,  126,7 

to  keep  estate  in  repair,  127 

to  give  notice  of  her  refusal  to  ac- 
cept provisions  in  a  will,  127 
to  be  allowed   necessaries,  when 

estate  is  insolvent,  158 

Wilful  desertion,  cause  of  divorce,        124 
Willimantic  river,  fishery  in,  regulated,  179 
Wills,  widow  must  give  notice  of  re- 
fusal to  accept  provisions  in,          127 
who  may  make,  145 

must  be  in  writing,  145 

how  witnessed,  145 

devise,  or  legacy  to   a  subscribing 

witness,  void,  145 

birth  of  a  child,  revocation  of,  146 

,     how  revoked,  146 

how  proved,  146 

executor  must    prove,  or  refuse 

the  trust,  146 

Windsor  ferry  river,  fishery  in,  178 

Wine  measure,  standard  of,  434 

Withdraw  of  action,  when  it  may  be 

made,  40 

Witnesses,  in  civil  causes,  how  sum- 
moned, and  compelled  to  testify,    47 
how  compelled  to  give  depositions,  48 

348 


Witnesses, 

refusing  to  testify,  may  be  compel- 
led, 


50 


how  compelled  to  attend  before  ar- 

bitrators, 02 

in  criminal  causes,  how  compelled 

to  appear  and  testify,  ng 

fees  of,  3QQ 

compensation  to,  living  without  the 
.    stat?>  ,  118 

m  capital  causes,  number  of,  neces- 

sary>  us 

to  wills,  may  make  oath  to  them, 

out  of  court,  146 

WORKHOUSES,  towns  empowered  to 

establish  and  regulate,  435 

duties  of  overseers  of,  435 

escape  of  prisoners  from,  437 

expense  of  supporting  prisoners  in,  437 

YALE-COLLEGE,  medical  institution 

of,  276 

qualification  of  students  of,  276 

governor,  lieutenant-governor,  and 

six  senior  senators,  to  be  fellows 

of, 
vacancies  in  office  of  otherfellows, 

how  supplied, 


, 
quorum  in  meetings  of  corporation 


of, 


449 
440 


, 
annual  account  of  president  and  fel 

lows  of,  441 

credit  not  to  be  given  to  the  stu- 
dents of,  if  minors,  without  con- 
sent of  guardian,  441 

Yeas  and  nays,  when  to  be  entered 
ou  journal,  34.  26 


61 


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